Experienced Trust and Estate Representation in Iowa

Iowa Probate Litigation

When you have questions about the handling of your family's estate, you need trusted and experienced trust and estate litigation counsel who understands the unique dynamics of each family matter, and can protect your interests in this nuanced area of the law. At Smith Law Firm, we focus our litigation practice on trust, estate, and probate matters. We have counseled and litigated for clients in estates totaling $50 million in combined value.
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Probate Litigation

Common Questions

Iowa Probate Litigation

Litigation Services

Expert Probate Dispute
Litigation Services for
All Iowans

Will Contests, Caveats
and Defenses

Estate dispute lawsuits seeking remedies to enforce or dismiss the terms of a will or trust for intent (or lack of) and other legal grounds.

Undue
Influence

Contentions asserting a person induced a testator to act in a manner they would have otherwise acted had the influencer not been present.

Tortious Interference
with Inheritance

An heir’s claim that a party intentionally or negligently reduced or eliminated their expected inheritance.

Estate
Accountings

Motions petitioning the court to compel fiduciaries to account for managed assets and to justify expenses sustained.

Probate
Appeals

Estate litigation for upholding or striking down lower court decisions via state appeal processes.

Probate Fraud
Litigation

Lawsuits that claim a defendant executed a will or trust improperly or used false information with intent to deceive heirs out of their lawful inheritance.

Excessive
Probate Fees

Contentions claiming executors and trustees charged beneficiaries excessive or unreasonable fees.

Squatter Removal
and Eviction

Legal remedies that oust squatters and renters from real property previously owned by a decedent.

Legal
Malpractice

Lawsuits claiming damages from lawyers breaching a contract or from negligently breaching their legal or fiduciary duties.

Testamentary
Capacity

Contention that affirms the decedent was not of sound mind when executing a trust or will.

Power of
Attorney Abuse

Removal of a person’s right to control and use another’s financial assets under a power of attorney.

Premarital
Agreements

Probate administration and estate planning according to the language found in valid prenuptial agreements.

Removal of Trustees Guardianship and
Executors

Injunction sought by beneficiaries to remove guardians, executors or trustees who breach their fiduciary duties.

Fiduciary Litigation and
Improper Execution

Negligence claims brought by and against fiduciaries who administrate probate estates; and assertions of improperly signed wills or trusts.

Confidential Relationships
and Estate Litigation

Legal action to prove or disprove a trust relationship existed between two parties with confidence where one party would act or advise in good faith with the other party’s interest in mind.

Please call us to discuss how we can help you settle your will or trust dispute.

Iowa Probate Litigation

Blog Posts

Check out our blog to learn more about estate dispute litigation in Iowa
Blog Testamentary Capacity

What Everyone Should Know About Insane Delusions in Testamentary Capacity

The law obligates estate planning attorneys to make a reasonable attempt to affirm testamentary capacity among older or ill clients...
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Blog Premarital Agreements

Listen to the Experts: Iowa Probate Attorneys Answer Your Questions About Estate Planning Premarital Agreements

Premarital agreements affect how estate plans operate when one spouse passes away. For this reason, it’s essential for married couples...
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Blog Legal Malpractice

Why Legal Malpractice Claims Arise From Will Drafting Mistakes and How to Avoid Them

Some attorneys have shortcomings when it comes to preparing testamentary documents. Making mistakes when drafting wills—either because of poor communication,...
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Iowa Probate Litigation

Latest News

Read about what happening in probate litigation across the state.
Guardianship and Executor Removal News

Iowa Supreme Court Decision Reminds Fiduciaries Why Beneficiaries May Seek Executor Removal

Let’s take you back to September 1995 when an Iowa district court appointed Dennis Rutter as executor of his mother’s...
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News Power of Attorney Abuse

Probate Litigators Reveal Document Drafting Secrets to Reduce Power of Attorney Abuse Risk

An essential part of your estate plan should involve assigning a power of attorney (POA) to someone you trust in...
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