Q: Could there be an exception for Video conversation recording in California?
My Grandfather just passed. He had a living Trust my Aunt drew up with him as executor back in 1998 notarized. It took Care of his children. He got married at 73 years old, at the six year marriage mark in 2022 he wasn’t well at all which was when his living Trust was changed by his wife that everything he ever owned goes to her (Allegedly said by her) online records show changes were made December 2022. She refuses to let any of his Family see the new Trust. February 1 2023 I have video evidence he was not competent at all whatsoever to make those kind of decisions from his mind state. I know it is illegal to record anyone without consent in California but could this be made an exception?
A:
In California, the law generally prohibits recording confidential conversations without the consent of all parties involved. This applies to both audio and video recordings. However, there are certain exceptions to this rule, particularly when it comes to gathering evidence of a crime or protecting a legitimate interest.
In your case, you might be able to argue that the video recording was necessary to protect your grandfather's estate and to provide evidence of his mental incompetence at the time the trust was allegedly changed. If you can demonstrate that you had a reasonable belief that the recording was necessary to protect a legitimate interest, and that the interest outweighed the confidentiality of the conversation, a court might allow the recording to be admitted as evidence.
However, it's important to note that this is a complex legal issue, and the admissibility of such evidence would depend on the specific circumstances of your case. It is highly recommended that you consult with an experienced estate litigation attorney in California who can evaluate your case, advise you on the best course of action, and help you understand the potential legal implications of using the video recording as evidence.
Keep in mind that even if the video recording is deemed admissible, you would still need to prove that your grandfather lacked the mental capacity to make changes to his trust at the time the changes were made, and that the changes were the result of undue influence or coercion by his wife.
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