What is Undue Influence?

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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 […]

Legal Brief: Overwhelmed with Fiduciary Duties?

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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 attorney, strongly urges that anyone feeling overwhelmed by this area of law contact […]

Frequently Asked Questions: Being a Fiduciary

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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 probate law, it’s easy to become […]

What is a Defective Will or Trust?

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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 […]

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 […]