How Do Attorneys Prove a Will Contest or Undue Influence Case?

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Find a Probate Litigation Lawyer in Oakland The collection of evidence, such as oral testimonies as well as documentary evidence from medical and financial records, is of utmost importance when proving a will contest case or undue influence case. As attorney Charles Triay explains in the following video, your legal representation must gather all these […]

Are There Common Patterns in Will and Trust Cases?

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Probate Litigation Attorney Near Me For a will to be legal in California, it has be in writing regardless of what someone was told they would inherit. As attorney Charles Triay explains in this video, issues with inheritance are often the source of many probate litigation cases.

Do Probate Litigation Cases Have Deadlines?

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Attorneys for Inheritance Disputes in California As with other civil cases, there are several important deadlines involved in probate litigation. In the following video, probate litigation attorney Charles Triay discusses some of the deadlines that may potentially affect these types of cases.

Do I Have to Wait Until Litigation in Over to Receive My Inheritance?

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Locate a Probate Litigation Lawyer in California Typically during probate litigation, any inheritance is frozen until the legal proceedings conclude. In this video, attorney Charles Triay explains why estates and trusts are frozen during litigation and what your best option may be if you find yourself involved in a defective will or trust case.

How Do Lawyers Prove Mental Capacity in Contested Will Cases?

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Attorney That Handles Defective Wills and Trusts in California To prove that an individual had the legal mental capacity needed to sign a will or trust, an attorney must look at a number of different factors. As probate litigation attorney Charles Triay discusses in this video, this includes gathering medical records and consulting with those […]

Can a Will be Contested in California?

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I Need a Probate Litigation Attorney Near Oakland Two common legal grounds that can be used to challenge estate planning documents include undue influence and lack of capacity. In this video, attorney Charlies Triay explains how undue influence and lack of capacity are often related in contested will cases.

Are There Different Types of Wills?

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California Law Recognizes Formal and Handwritten Wills In addition to a formal testamentary will that is witnessed and signed by two people in an attorney’s office, California also recognizes handwritten, or holographic, wills. In this video, Oakland probate litigation lawyer Charles Triay talks about the requirements a handwritten will must have in California.

What Happens in a Contested Accounting Case?

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Probate Litigation Attorney Near Me You have the right to request an accounting to help move a stalled probate estate case along, as well as if you suspect there has been false accounting in a probate estate or trust case. In the video below, attorney Charles Triay discusses these two types of common contested accounting […]

What are Contingency Fees for Probate Litigation?

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Attorney Fees for Probate Cases in California Depending on the specifics of your probate matter, you may be able to retain legal representation without needing to pay for the services of a lawyer upfront. In this video, probate litigation attorney Charles Triay explains contingency fees as they apply to the cases he handles in his […]

What Legal Rights Does a Surviving Spouse Have?

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I Need a Probate Litigation Lawyer for Spousal Rights Depending on the laws of your state, the estate of your late spouse may be considered either community property, separate property or partially both. In California, for example, attorney Charlies Triay explains that surviving spouses have community property rights.

Is a Trust Able to be Changed After Someone Dies?

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Lawyer That Handles Probate Trust Issues In some circumstances, a trust may be able to be amended after the trustee of a trust passes away. Attorney Charles Triay explains in this video how beneficiaries of a trust must meet certain factors and how a judge will need to sign off on any changes in order […]

Will My Probate Litigation Case Settle Early?

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I Need a Probate Attorney Near Oakland Accusations of wrongdoings or the false notion that the other party involved in the probate lawsuit is friendly and will want to come to an agreement quickly has the potential to create an atmosphere that is emotionally charged. In this video, Charles Triay, a lawyer who specializes in California […]

Do Probate Cases in California Settle?

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Negotiating Out of Court Can Save You Time and Money Attorney Charles Triay understands how going to court may not always be the best solution for probate litigation cases. Cases that go to trial often take a lot of time and can become costly. In this video, attorney Charles Triay explains how most of the […]

Can I Get My Money Back if a Person Who Owes Me Money Dies?

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Lawyer in California Who Handles Probate Creditor Claims Although it is always devastating when someone we know passes away, this grief can be compounded by stress and confusion if that individual passed without repaying what he or she owed you. In some situations, it may be possible to file a creditor claim in probate to […]