Why is Probate Litigation Expensive?

Our Attorneys Provide Services on Contingency or Hourly Fees

A number of factors go in to why probate litigation can become expensive, such as the time and expenses needed to adequately prepare a case. However, there are many probate matters that may benefit from retaining legal counsel to uphold your rights and the last wishes as outlined in your deceased loved one’s will or trust. The Triay Law Office in Oakland is available through an hourly or contingency fee basis, whichever better fits your needs. Call attorney Charles Triay today at (510) 463-3165 for more information.

Video Transcription

Probate litigation is expensive for two reasons. The first reason is that there’s a lot of work that’s required to prepare a case. Because it is kind of like a mosaic or a painting, where you’re assembling lots of little different bits and pieces to make the whole picture, you have to subpoena different records from different sources. You have to take depositions from many people. You have to hire expensive expert doctors and expert lawyers to give expert opinions about whether someone was competent or not, or whether the document was executed properly. That’s one reason: the amount of time and out-of-pocket expenses involved.

The other reason is that the courts move very, very slowly. Part of that’s because of the budget cuts in California. If I were to file a petition today, the first hearing would be two months from now, and if it got postponed, it would get postponed for another month—30 days gets added, 60 days gets added, another 30 days gets added. Before you know it, a whole year has gone by.