Estate Matters

Will Dispute

San Francisco Bay Area Will Contest and Defense Attorney

Contesting or defending a will can be an expensive legal process. At the Law Office of Thomas C. Tagliarini in Emeryville, our focus as a will lawyer is on achieving the best possible outcome in the quickest, least expensive way.  Our extensive experience in wills and trusts results in a more efficient management of your case so that we avoid unnecessary, expensive and time-consuming maneuvers.  Not only does hiring a will lawyer save you unnecessary expenses, but it can spare you the emotional toll of a protracted law suit.

Who Can Contest a Will?

You can contest a will in Emeryville and throughout California if you are considered an interested person. An interested person is someone who is specifically named in the will, was named in a previous will, or would have received a share of the estate had the decedent died without a will (Intestacy). Individuals in the last category tend to be spouses or children.

Your Grounds to Contest or Defend a Will

An interested party cannot contest a will simply because he or she doesn’t feel the provisions are fair.  You must have a reason, or ground, allowed by California law and accepted by the court to contest a will. An experienced Emeryville will lawyer at the Law Office of Thomas C. Tagliarini will be able to determine if you have grounds to challenge the will, if your reasons for contesting the will are legally valid, and if it’s a good idea to contest the will.

Common reasons allowed by California law to contest a will:

  • if the deceased person wasn’t mentally competent when he or she made the will
  • if fraud was involved in the making of the will
  • if the document fails to meet the legal standards for wills
  • if another person tricked or pressured the deceased person into making the will or any of its provisions
  • if mistakes were made in the provisions of the will
  • if the will was revoked or a new will was written before the deceased died
  • if someone took advantage of a relationship with the deceased to encourage the making of the will

An Analytical Review of Your Will Dispute

If a lawsuit is the best way to resolve your dispute, the Law Office of Thomas C. Tagliarini will pursue or defend litigation on your behalf. We also review alternative methods of dispute resolution such as mediation, arbitration, and negotiation, which can sometimes resolve an estate dispute in a more satisfactory manner and at a lower cost. Mediated solutions can also preserve family relationships that litigation may destroy or challenge.

Free Initial Consultation

Contact the Law Office of Thomas C. Tagliarini by phone at (510) 444-0692 or email for a free consultation with an Emeryville Will Lawyer. We serve Oakland, San Francisco and the surrounding counties of Alameda, Contra Costa, San Mateo, Santa Clara, and Marin.