Probate, Estate and Trust Litigation

Our Probate Estate and Trust Litigation attorneys represent claimants, beneficiaries, and executors in actions under the Iowa Probate and Trust Codes, including will and trust disputes.

Probate

Probate is the process of validating a will upon a person’s death. Although some families can do this without the help of an attorney, estates can be complicated and should be led by an experienced attorney. Simmons Perrine PLC attorneys represent claimants, beneficiaries and executors in all types of actions arising under the Iowa Probate and Trust Codes, including will contests and trust disputes.

Our Probate Estate and Trust Litigation Services

We represent executors of estates defending will contests and beneficiaries contesting wills and codicils based on allegations of lack of testamentary capacity, undue influence, fraud and inadequate execution.

  • Contested claims in estates
  • Enforcement of a spousal share or spousal allowance
  • Petitions to remove executors, personal representatives, trustees or other fiduciaries
  • Petitions for the appointment of a guardian or conservator
  • Defending or contesting the validity of inter vivo gifts and transfers
  • Tortious interference with bequests or inheritance
  • Declaratory judgment actions and litigated matters concerning payable-on-death or transfer-on-death assets, stock agreements, and distribution of closely-held businesses and family farming operations

We represent trustees and beneficiaries of all forms of trusts, including revocable trusts, irrevocable trusts and testamentary trusts, in disputes over execution of a trust document, distribution of funds, breaches of fiduciary duties and other disputed matters involving trusts.

Guardianship is a court process when a probate court appoints someone to be the guardian over another individual. We represent clients involved in guardianship and conservatorship proceedings.

A Team Approach to Quick Resolutions

Resolution of these types of matters often involve complex questions concerning asset evaluation, taxes, and estate planning, for which we are able to engage the depth of knowledge and experience of our business, tax and estate planning attorneys.

Contact Us

If you have questions regarding our probate, estate and trust litigation practice contact us today.

Probate, Estate and Trust Litigation

Practicing Attorneys

Managing Partner

Brian J. Fagan

Member

Paul P. Morf

Attorney

Philip D. Brooks

Attorney

Robert S. Hatala

Attorney

Drew A. Powell

Attorney

David L. Wenzel