Will Dispute

A will dispute can be litigated, or it can be mediated. The attorneys in our law firm have experience in both areas. They offer a background of success, coupled with a truly personal approach to the people involved in these disagreements. It is an emotional, difficult time for families. There may be anger, recrimination and a breakdown in communication. Enlisting legal representation or professional mediation can set aside the emotions and keep all parties on the road to a fair settlement.

For mediation or legal representation in a will dispute
Call 408-971-4359 to arrange a consultation

A will dispute often pits one family member against another. Generally, it involves siblings or cousins. Perhaps it is a parent who had a second marriage who has died, and the surviving spouse is facing off with the children from the first marriage. When family dynamics become skewed by questions of money, fairness and entitlement, professional representation can make all the difference to bringing the issues to a close. Call our office today to schedule time to discuss your situation with one of our attorneys.

A will dispute is governed by probate law. Most last wills and testaments must be probated. The purpose of probate is to pay any outstanding debts, and then to divide money and property according to the wishes of the deceased. It is a fact that under probate laws, the documented wishes of the person who has passed away can be declared invalid by a court.

The law may consider:

  • Undue influence on the person who was planning the will
  • The state of mind of the person while they were planning their estate
  • Fraud (such as alteration or forgery)
  • Existence of a later or competing will
  • Improper execution or incompetent executor of the will
  • There are other legal challenges that can result in a will dispute reaching court. An attorney from our firm can help you understand the laws and how they govern your situation. Call today to arrange a discussion.

Our skilled attorneys will represent your interests in proceeding with a legal claim. Our goal will be to keep friction with other family members and interested parties to a minimum. We understand how to be assertive on your behalf while maintaining a calm and professional atmosphere during any negotiations toward a settlement. You can trust that if there is a will dispute that must go to court, the presentation of our case will be aggressive to protect your rights and make your case.

A will dispute may also be called “contesting a will” or “challenging” a will or estate. It is a dedicated practice area of our firm. Our team of attorneys is both litigators and mediators, who bring expert knowledge and experience to the area of disputed inheritance. Probate litigation is not an area of law all attorneys choose to handle, because it is so complex. If, after your initial consultation at our law firm, you do not choose our representation, we hope that you will seek a specialist in this area so that you are ensured proper legal advice.

Are you involved in a will dispute?
Call 408-971-4359 to schedule a consultation with one of our experienced attorneys

We are available to represent you or to mediate a will dispute in San Jose, Palo Alto, San Francisco, Oakland, Fremont, Santa Cruz, Monterey, and Milpitas.


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