Iowa Probate Litigation

Estate, Will and Trust Litigation in a Nutshell

Probate is the legal process of executing the terms of a person’s will. Similarly, probate involves trust management and administration of estates of individuals who pass on without wills.

When relatives or other parties contest the terms of a decedent’s testamentary document (will or trust), probate litigation usually follows.

Contesting wills and trusts in Iowa will interrupt probate, and it requires experienced estate dispute litigators, similar to the probate authorities found at Smith Law Firm, to file a lawsuit asking the court to set-aside the decedent’s testamentary document on behalf of parties who believe the decedent executed the will in error or under duress.

Defendants named in Iowa estate litigation contrarily hire attorneys to have the courts validate testamentary documents.

Most plaintiffs and defendants settle their probate disputes out of court. However, if they cannot come to terms, a judge or jury will eventually rule on the testament’s validity and issue legal and equitable remedies to protect the rights and interests of any harmed parties.

Common Reasons Why Trust and Estate Disputes Occur

Probate and trust administration often involve significant amounts of money at the same time family are grieving over the loss of a loved one.

Emotions therefore run high during probate, and when mixed with any of the following contentions, estate and trust disputes usually arise.

• The decedent executed the testamentary document without considering the consequences or did so without free will.
• The language in the estate planning or testamentary documents is ambiguous.
• Executors or trustees breached their fiduciary duties.
• A third party coerced the decedent into signing or modifying the terms of the will or trust.
• Inconsistencies exist in the estate planning documents.
• The decedent lacked the mental competence to execute the trust or will.

Unresolved estate disputes often leave heirs disinherited or have them receive less of the estate than they legally deserve.

The controversies surrounding these circumstances consequently drive heirs to contract experienced probate litigators to protect their interests in court.

What Can Iowans Expect During Probate Litigation

Estate litigation involves the same processes and procedures contained in ordinary lawsuits, but with the added layer of probate proceedings and rules.

Individuals who choose to contest a will or trust should first consult with a well-practiced estate litigation attorney to learn if they hold a legitimate claim.

If their probate litigation lawyer finds a valid cause of action, he or she will file a challenge with the court, serve all parties, and enter discovery, where both sides gradually work through complex pre-trial legal issues and evidence with good faith expectations of settling the case out of court.

Expert trust and estate litigators in Iowa settle an estimated ninety percent of their probate dispute cases outside of courtrooms because they recognize it’s in the best interests of their clients to negotiate fair settlement terms with defendants.

It’s also important for Iowans to know that they must file motions to set aside the probate of a will or trust administration within:

• one month after executors mail notice of probate administration to the party; or,
• four months after executors publish a second notice of probate administration.

Plaintiffs and defendants in estate disputes must therefore act fast if they want to protect their financial interests and protect their lost loved one’s true wishes.

The Smith Law Firm Only Litigates Estate Dispute Cases

Iowa estate and trust litigation is on the rise—the skilled probate litigators at the Smith Law Firm realize this and have made it their mission to engage in estate dispute litigation at the highest level.

Smith Law Firm not only takes on probate disputes for individuals but also tackles workloads for other probate attorneys around the state who need help with litigating large estate dispute lawsuits.

Businesses trust us too—the Smith Law Firm’s seasoned probate and estate litigators further handle sensitive estate matters for corporate fiduciaries who have replaced counsel.

Expert Probate Dispute Litigation Services for All Iowans

• Will Contests, Caveats and Defenses
• Undue Influence
• Tortious Interference with Inheritance
• Estate Accountings
• Probate Appeals
• Probate Fraud Litigation
• Joint Tenancy / Inter Vivos Gifts
• Excessive Probate Fees
• Squatter Removal and Eviction
• Legal Malpractice
• Confidential Relationships and Estate Litigation
• Testamentary Capacity
• Power of Attorney Abuse
• Premarital Agreements
• Removal of Trustees Guardianship and Executors
• Fiduciary Litigation And Improper Execution

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The Smith Law Firm Probate Litigation Approach

Three guiding assumptions for making sure all Iowans receive high quality probate legal services drive the estate litigation team at the Smith Law Firm.

• Probate dispute cases require specialty lawyers. The estate contest professionals at the Smith Law Firm in Iowa primarily only take on estate dispute claims. Our team includes expertise and years of practice in estate planning and litigation, corporate probate and estate tax issues.
• Settling out of court beats winning lawsuits. Smith Law Firm wins estate dispute cases; but above all we prefer to save our clients grief, risk, and uncertainty when possible by resolving their probate controversies out of court or in mediation.
• Learn everything about estate law. We aren’t just outstanding litigators — we also know estate, trust and fiduciary law inside and out. Our probate dispute attorneys have reviewed precedent case law in every state and we fully understand Iowa’s probate and civil procedures. We win big for our clients because the Smith Law Firm successfully asserts well-researched probate legal arguments in complex Iowa estate dispute lawsuits.