Timothy F. Winchester
Mr. Winchester (Tim) is a civil litigator with over thirty years of experience. He has, and continues to counsel clients on a wide variety of legal issues including those relating to estates, trusts, wills and probate, contracts (in particular construction), real property, insurance coverage and policy interpretation for insureds as well as commercial disputes. Mr. Winchester is firmly committed to cost effective dispute resolution, including mediation. Mr. Winchester understands the need for prompt client communication including phone calls and meetings, as well as timely and efficient task completion. When required by circumstances Mr. Winchester has the skill and experience to try a case to conclusion. His clients include corporations, partnerships and charitable foundations as well as individuals.
Mr. Winchester, has particular experience in the area of estate, trust and probate litigation. Commencing in 1996, following the extensive revisions to the Probate Code in the late 1980's and early 1990's, Mr. Winchester has been called upon by estate and tax planning attorneys to bring his litigation expertise to assist their clients who need to resort to the courts for assistance.
Mr. Winchester regularly receives referrals from probate and trust disputes from East Bay estate drafting attorneys. Examples of estate and trust litigation handled by Mr. Winchester are as follows:
- Defending the trustee of a $5,000,000 trust sued by beneficiaries
- Contesting the will of a $5,000,000 estate
- Prosecuting a creditors claim of $1,700,000 against an estate
- Defending a professional trustee of a $2,000,000 trust
Mr. Winchester regularly counsels trust and will beneficiaries with respect to their rights under the applicable instrument as well as under the Probate Code. When requested, he seeks to enforce those rights in the Superior Court. In a similar vein he advises executors and trustees with respect to their duties and obligations under the testamentary instrument and the Probate Code and, if necessary, defends them in the Superior Court. Mr. Winchester also advises estate creditors on perfecting their claims. He is the chair of the Litigation and Mediation Committee of Trusts and Estate section of the Alameda County Bar Association. Mr. Winchester is a mediator in the Probate Court of the Alameda County Superior Court.
Mr. Winchester is, by background, a civil trial attorney. He has tried a wide variety of civil cases, most notably in the contract and real property fields, both related to trust disputes. Mr. Winchester has extensive experience in arbitrating as well as alternative dispute resolution.
Mr. Winchester is a Martindale and Hubbell av rated attorney. He received his J.D. from the University of California, Berkeley, Boalt Hall School of Law in 1972. Mr. Winchester has tried cases throughout the Bay Area and Northern California including the Superior Courts of Alameda, Santa Clara, San Mateo, San Francisco, San Joaquin, Sacramento and Sonoma. He regularly appears in the Oakland Main and Hayward Branch Courts.
email: tfw@mcinerney-dillon.com