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Probate Litigation Attorney Answers Urgent Estate Planning Questions

Probate Litigation Attorney Charles Triay

In a recent live interview, a probate attorney offered valuable tips and information that anyone with an aging relative needs to hear.

Almost all of the contests involve documents prepared very late in life, when there was some level of dementia involved. If you want an estate plan that's going to stand up, get it done early.”
— Charles Triay
OAKLAND , CALIFORNIA , US, November 27, 2018 / -- Charles Triay, founder of the Triay Law Firm, discussed the topic of undue influence by relatives and caretakers in a Facebook Live interview with™. Probate litigation attorney Triay handles disputes over wills or trusts. These types of disputes can tear families apart. Triay said that he’s seen cases where the child of a dying parent will basically threaten their parent into giving them the lion’s share of the inheritance or else they will “stop taking care of [the parent], throw [the parent] in a nursing home. And that's a huge fear of many elderly people,” he said.

He’s also seen sudden changes to a long-established estate plan, one that originally left everything to all children equally.

“And then a week before mom dies, one of the kids gets her to sign a will that leaves everything to that one child and cuts out the other three,” he said.

Sometimes, family or non-family members (such as nurses or caretakers) will isolate the family member, ignore calls from the other relatives, and tell the family member that no one else cares enough to call or visit, so they should get the entire inheritance.

If the person has already died and the question of inheritance is in dispute, it will need to be handled in court by someone like Charles Triay.

“The best advice I can give is, do the estate planning early,” he said. “I know a lot of people are reluctant to write a will or a trust. But almost all of the contests involve documents that were prepared very late in life when there was some level of dementia or Alzheimers’ involved. If you want an estate plan that's going to stand up, get it done early.”

Charles Triay has 40 years of experience with probate litigation. He is certified by the California Board of Legal Specialization as a specialist in probate, estate planning, and trust law. He is based in Oakland and helps clients throughout California.

Anyone involved in a probate dispute can call 888-594-9733 to schedule an appointment with Charles Triay. Learn more about his practice and experience here:

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Is This Will or Trust Valid? A Probate Litigator Explains

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