Probate Litigation
PROTECT YOUR FAMILY’S LEGACY:
Your Inheritance
Probate Litigators in Iowa
Estate dispute action happens when you must defend or shelter your inheritance in court. Citizens living in greater Des Moines consult with the premier probate litigators at the Smith Law Firm in Altoona for one reason only—our lawyers specialize in effective Will and Trust dispute litigation in Iowa.
Probate is another word for “proving” a Will's validity in court. Trusts contrarily escape probate proceedings and execute immediately upon the death of the grantor/settlor.
Ambiguities found within such testamentary documents, disinheritance, or competing interests among heirs, usually provoke estate disputes. Probate litigation accordingly addresses all lawsuits brought by a party to protect his/her assets in a Will or Trust.
If your expected inheritance has mysteriously disappeared or you feel another person has unduly influenced or pressured an incapacitated loved one into giving away your birthright, you may need the help of a Smith Law probate litigator to take back what was rightfully yours.
Probate litigation is a specialized law practice that demands an attorney’s superior knowledge of Iowa’s complex Will and Trust codes and court procedures.
Besides being a seasoned probate litigator, your estate dispute attorney must also own polished negotiator skills, since parties in Iowa settle over ninety percent of their Will and Trust disputes out of court.
The probate attorneys at the Smith Law Firm help Iowans resolve their estate disputes and get them fair settlements when it comes time to mediate.
Probate Litigation Counsel at the Smith Law Firm
WHEN PROBATE LITIGATION BECOMES NECESSARY
Probate litigation takes on the controversies that arise while a person administers a deceased loved one’s estate.
In an ideal world, you’d be able to work out your estate dispute without entering into contentious battles with friends and family—this unfortunately is exactly what sometimes happens after a relative passes away and the legal action you bring is often for good reason.
Contesting a Will is probably the first thing that comes to mind when you hear the words “probate litigation”. Common grounds for bringing a Will dispute in Iowa include:
- Undue Influence—pressuring the testator into excluding you from his/her Will and conveying your rightful inheritance to the influencer.
- Improper Execution—failing to follow Iowa’s strict probate codes when executing a Will.
- Testamentary Incapacity—not being of sound mind when drafting and executing an estate plan.
- Probate Fraud—forging a Will with intent to steal an heir’s inheritance.
Challenging a Trust due to testamentary capacity, undue influence, or improper execution issues is exactly like contesting a Will. You may also dispute a Trust agreement if its terms break the law or if its operation violates the rule against perpetuities (allowing property interests to vest after more than twenty-one years). Because Trusts bypass probate proceedings, challengers may only seek legal action after the Trust springs into action.
Removing or Suing a Fiduciary becomes necessary when an executor or trustee breaches a legal duty owed to you while managing the estate. You may accordingly bring probate litigation when a fiduciary: performs unreasonably and without diligence; engages in conflicts of interest; doesn’t act in your best interest; and fails to perform full accounting disclosures as required by law or when requested by you.
Suing Surviving Family Members is common when the deceased leaves behind two families—one present and another from an earlier marriage. Probate litigation may be unavoidable if you discover a loved one’s testamentary document conflicts with previously executed Will or Trust or if your premarital agreement doesn’t clearly define how to divide assets between yourself and your spouse’s children from another marriage.
Petitioning for Guardianship often occurs when your estate plan doesn’t include a power of attorney that dictates what should happen if you become mentally or physically incapacitated. Without this document, a probate court may assign another person to manage your estate and make medical and financial decisions for you.
The probate litigators at the Smith Law Firm can file the right lawsuit for you in the correct venue to resolve your estate dispute. We can further advise you on the complications that may arise as proceedings move forward.
To secure a favorable judgment or settlement, you must learn to navigate successfully through the state’s elaborate probate legislation—your estate dispute attorney can help you accomplish this task.
Probate code and procedure can be straightforward when the Will or Trust holds little value (less than $25,000), but when assets and liabilities grow, so will the estate’s exposure to complicated codes.
This is because valuable Wills and Trusts hold many creditors, heirs and beneficiaries, and the courts want to make sure that legal processes exist to address: asset accountability, estate and Trust management and dispute access for all interested parties.
After reading this, you may find that unfamiliarity of probate law may place you at a disadvantage when trying to take back your inheritance.
Smith Law probate litigators understand Iowa’s Will and Trust codes and the civil procedure for seeing probate disputes to finality—finding standing, filing motions, launching discovery, negotiating settlements, and presenting your estate dispute at trial.
WHY HIRE AN ESTATE DISPUTE ATTORNEY
QUICK ANSWER: to avoid the “legal nightmares” that follow Will and Trust dispute action!
Probate litigation is a complex and demanding process that often compels you to appear in court several times. This means if you tried resolving your dispute alone, you’d first need to file a detailed caveat and flawless pre-trial motions. You’d also need to hold a good understanding of civil procedure before appearing in court.
Lengthy probate legislation further reveals which parties may sue and defines the evidence that you may present in court. Hiring a probate attorney takes all the guesswork out of bringing your case to trial.
The probate litigators at the Smith Law Firm in Iowa can tell you right away if your case is actionable. Once retained, your lawsuit will harbor the support of our discovery staff—accountants, assessors, and private investigators—highly skilled workers whose job is to gather evidence of undue influence, probate fraud, breach of fiduciary duty, testamentary capacity and improper execution for presentation at your hearing.
Probate litigation accordingly may be too much for you to handle alone, and the last thing you need while mourning a loved one is to deal with the headache of learning estate law so that you can take back a stolen inheritance.
Hiring a probate litigator at the Smith Law Firm in Altoona gives you the peace of mind that seasoned experts are handling your case with a commitment to resolve all issues both efficiently and promptly.
IOWA’S COMPLICATED WILL AND TRUST LAWS
HOW OUR LAW FIRM WINS PROBATE LITIGATION CASES
Obtaining a favorable outcome in probate litigation starts during your initial consultation. We first determine whether you hold a legal right to challenge the Will or Trust in dispute and then find if your case falls within Iowa’s statute of limitations.
After we record your claim in district court, the Smith Law Firm’s discovery team will obtain and review a copy of the disputed testamentary document and its prior versions to learn how your inheritance was harmed.
In cases of undue influence, fraud, and breach of fiduciary duty, our staff will scrutinize the estate’s accountings and gather testimony from people who witnessed the wrongdoer in action. The Smith Law Firm will likewise send court-mandated interrogatories to the defendant’s attorney and find expert witnesses who can support your claim in court.
Your probate dispute will most likely head to mandatory mediation sometime before discovery ends where your seasoned Smith Law probate litigator will have your best interests in mind while attempting to negotiate a fair settlement.
If you can’t settle, no worries—our staff will skillfully refine your case for presentation at trial.
We win lawsuits! The Smith Law Firm’s track record for taking back stolen inheritances is impressive—successfully litigating over $100 million in claims after only fifteen years of serving residents in the greater Des Moines area.
Retaining a Probate Litigator
Holds a highly skilled discovery team ready to gather specialized evidence and testimony;
Possesses impeccable negotiation skills; and,
Knows how to win probate dispute cases in Iowa district court.