San Francisco Probate Litigation Lawyers Specializing in Contested Wills and Trusts

Charles Triay

1 Kaiser Plaza, Suite 750
Oakland, California

888-594-9733

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Probate litigation attorney Charles Triay has been in private civil practice since 1977.

Charles Triay Proudly Serves Clients In

Oakland

Main Office

1 Kaiser Plaza, Suite 750 Oakland, California

San Francisco

The City of San Francisco, California

Concord

The City of Concord, California

Daly City

141 Washington St Daly City, California

San Jose

The City of San Jose, California

San Rafael

The City of San Rafael, California
Just the Facts

Practice Areas

Probate Litigation

Profile

Charles Triay is a probate litigation attorney based in central California. He is the founder of the Triay Law Firm, and he litigates cases involving contested wills, trusts, and all manners of inheritance battles. His areas of practice include:



  • Undue influence, including elder financial abuse

  • Lack of capacity, which includes someone of unsound mind executing a will

  • Contesting and defending fiduciary accountings

  • Spousal rights, when a spouse is denied his or her fair share

  • Defective wills and trusts, such as those with forged signatures, mistakes, or oversights

  • Dealing with claims from creditors after the debtor has passed away


This is a complex area of law with strict time limits, rules, statutes, and procedures deciding how estates and assets must be distributed. As Charles Triay says, probate litigation “is kind of like a mosaic or painting, where you’re assembling lots of different bits and pieces to make a whole picture.” That’s why you need someone familiar with the law to handle such complicated matters. Charles Triay has over 40 years of experience as a probate litigation lawyer. Contact him today to schedule a consultation.

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Charles Triay

Main Office

1 Kaiser Plaza Suite 750
Oakland California

The City of
San Francisco California

The City of
Concord California

141 Washington St
Daly City California

The City of
San Jose California

The City of
San Rafael California
Video Blog

What Happens If Someone Dies Without A Will?

Losing a loved one is painful and difficult. In addition to the emotional impact, losing family members or friends often means that their loved ones often have to take care of their affairs after death. This includes dividing any remaining assets in accordance with the deceased family member’s will.... […]

Read more

What is Undue Influence?

It sounds like fodder for a soap opera, but it happens far too often in real life: a sudden last-minute revision to an estate plan, made by someone possibly of unsound mind, that leaves a huge amount of money to a suspicious party. Undue influence is a form of elder abuse. The undue influencer wi... […]

Read more

What is a Fiduciary?

A fiduciary is the person you will need to manage your finances when you, yourself, can’t. That being said, it truly is a thankless job as the fiduciary is only responsible for funds that don’t even belong to him/her. However, a fiduciary is the most important person for you in making those key fina... […]

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Legal Brief: Overwhelmed with Fiduciary Duties?

For many fiduciaries (a.k.a trustees, executors, or administrators), this is their first foray into the complex field of probate litigation. Many become stressed and overwhelmed keeping on track of finances, valuations, taxes, and all other related matters. Charles Triay, a probate litigation attor... […]

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Frequently Asked Questions: Being a Fiduciary

Contact Charles Triay today at 888-594-9733. If you've been appointed to be a fiduciary of a will or trust, there's a chance you feel lost and overwhelmed. You're not alone! Many fiduciaries are entrusted with important accounting measures, and if this is your first foray into estate planning or... […]

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What is a Defective Will or Trust?

Aside from certain legal tax avoidance issues, a “defective” will or trust sometimes is a will or trust document with legal insufficiencies and errors that would otherwise make the content null and void and ultimately un-actionable for the deceased. This could be a result of carelessness and human e... […]

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Is This Will or Trust Valid? A Probate Litigator Explains

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 Tri... […]

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Why Would Someone Contest a Will?

The death of a loved one often leaves friends and relatives in a state of uncertainty, especially once the time comes to make sense of everything that is left behind. Everything that was built up and saved by the deceased during their lifetime must now be dismantled, dispersed, and resolved among th... […]

Read more

Blog

What Happens If Someone Dies Without A Will?

What Happens If Someone Dies Without A Will?

Losing a loved one is painful and difficult. In addition to the emotional impact, losing family members or friends often means that their loved ones often have to take care of their affairs after death. This includes dividing any remaining assets in accordance with the deceased family member’s will. While a will can be a helpful way for family members to simplify the affairs of the deceased, sometimes there will be no will for them to use after a death. What happens then? Many of us are used to seeing wills and their divisions in film and television—if a character passes away without one, the script may pass all of the deceased’s assets to one main character, or devise a way for the asset... […]

What is Undue Influence?

What is Undue Influence?

It sounds like fodder for a soap opera, but it happens far too often in real life: a sudden last-minute revision to an estate plan, made by someone possibly of unsound mind, that leaves a huge amount of money to a suspicious party. Undue influence is a form of elder abuse. The undue influencer will manipulate the estate holder, turn them against family members, and convince them to sign over a large share of the estate. Signs of Undue Influence If any of the following occurred, it could be a sign of undue influence: A prominent member of the family is sudden excluded from the will with no clear reason why Someone else is given a disproportionate share of the asset This person... […]

What is a Fiduciary?

What is a Fiduciary?

A fiduciary is the person you will need to manage your finances when you, yourself, can’t. That being said, it truly is a thankless job as the fiduciary is only responsible for funds that don’t even belong to him/her. However, a fiduciary is the most important person for you in making those key financial decisions. Why? Because if you choose a fiduciary who isn’t ethical, trustworthy or competent, your money runs the risk of either disappearing or diminishing. The “Fiduciary Standard” Established with the Investment Advisers Act of 1940, the fiduciary standard mandates and ensures that whoever holds the role of fiduciary complies and satisfies all expectations of that role. In short, a fid... […]

What is a Defective Will or Trust?

What is a Defective Will or Trust?

Aside from certain legal tax avoidance issues, a “defective” will or trust sometimes is a will or trust document with legal insufficiencies and errors that would otherwise make the content null and void and ultimately un-actionable for the deceased. This could be a result of carelessness and human error, often occurring due to DIY estate planning kits and forms. One Example of a Defective Will or Trust: California Holographic Will A holographic will is a type of “informal” will that someone can write themselves. However, holographic wills are not always legal. A holographic will doesn’t follow the specific requirements under the California Probate Code. The reason being is the holograph... […]

Why Would Someone Contest a Will?

Why Would Someone Contest a Will?

The death of a loved one often leaves friends and relatives in a state of uncertainty, especially once the time comes to make sense of everything that is left behind. Everything that was built up and saved by the deceased during their lifetime must now be dismantled, dispersed, and resolved among the living. Did they have children or pets that depended on them? Were certain sentimental items promised to certain people?  If they had a fortune, who are the beneficiaries? Most of the time, this process is handled gracefully, but unfortunately, there is a chance that things could go awry to the point where contesting the will is simply a necessary and rightful move. What Does a Will Contest Loo... […]