Is This Will or Trust Valid? A Probate Litigator Explains

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Charles Triay, a probate litigation attorney based in Central California.

When someone dies, sometimes there are issues in terms of who inherits their property. In fact, there are several reasons why someone might contest a will. When things get messy, a probate litigation attorney like Charles Triay steps in to resolve the dispute.

Sometimes a document like a will or trust can change when the executor is on their deathbed, which can be very suspicious. Seniors can be taken advantage of, leaving their family wondering: is this will or trust valid?

You can watch another video where Triay talks a bit more indepth about settling probate cases in California, or if you are ready to resolve a dispute over a will or trust now , call San Francisco attorney Charles Triay by calling 888-594-9733.

Video Transcript:
When someone dies, typically a parent sometimes an aunt and uncle or a grandparent, there are issues as to who inherits their property. And we get involved in the sticky situations, the problem situations where there’s a dispute or a battle. One category is, is this will or this trust valid. That usually arises when there’s a deathbed document, either an original will or trust or an amendment to a will or trust, that’s executed shortly before the parents death, especially if they are starting to exhibit signs of senility or dementia or Alzheimer’s, and they can be taken advantage of fairly easily in that situation. And so even if there’s not an overt threat that “if you don’t make me happy mom, I’m gonna abandon you and put you in a nursing home and throw away the key”, that threat is implicit and is in the parents back of the parents mind, even if the child is not saying it explicitly. They fear being left alone, and so that’s how people can take advantage and exert undue influence in those situations.

Author: Charles Triay

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