ESTATE AND TRUST
LITIGATION SERVICES
During the administration of an estate or trust, there are situations where litigation services may be required. Disputes can emerge or beneficiaries can contest a will, which has the potential to strain family relationships or worse. In addition to managing the legal facets of estate planning, our attorneys possess extensive experience in litigation. They can provide guidance to all involved parties during an already challenging period.
We offer In-house Litigation Services
A lot of different law firms like the outsource their estate litigators, but when you start to plan your estate with our team, you don't have to worry about being moved from lawyer to lawyer. Our estate planning team is there from start to finish. We are able to create a will/trust, administrate that trust and offer litigation services if needed. The obvious benefit to this is that you will be working with the same people thought the whole process.
Common Estate Disputes
Family members, beneficiaries, or other loved ones may disagree with the decedent’s choices or the interpretation of the decedent’s wishes. Here are some common disputes that we are able to assist with regardless of your role in the estate administration process.
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Property Distribution Disputes - The most frequent cause of estate disputes is disagreements over the distribution of property. For example, one party may believe that the decedent intended for them to receive specific property, but the will doesn't leave the property to them.
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Interpretation of the Will - Because wills aren't always crystal clear, this can lead to different interpretations from beneficiaries. In these situations, the parties will dispute and come to a result.
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Validity of the Will - Parties can dispute the validity of the will, if they claim it wasn't made or executed properly.
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Undue Influence - Beneficiaries may feel the decedent changed their will because a third party compelled them to do so.
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Estate Executor Mismanagement - Conflicts over estate executors emerge when parties believe the decedent made a poor choice in selecting one or when parties believe they are mismanaging the estate.
FREQUENTLY ASKED QUESTIONS REGARDING ESTATE AND TRUST LITIGATION SERVICES
Who can challenge a will?
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Only "interested parties" may challenge a will. This is typically limited to one's direct heirs (children, spouses, etc.) or any beneficiary listed in the will.
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Who do you represent in estate litigation?
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We represent any interested party in estate and trust disputes. We may also represent a beneficiary or excluded heir who wants to challenge an estate. We can also represent the estate itself against lawsuits and creditor claims.
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How long do I have to contest a will?
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You may start your case as soon as a loved one dies, though once the Notice of Appointment is published in the local paper, you have four months to file a lawsuit.
Austin Norden
HOMETOWN:
Bettendorf, IA
EDUCATION:
University of Iowa, B.A. 2015
University of Iowa, J.D. 2018
ADMITTED TO IOWA BAR 2018
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AREAS OF PRACTICE:
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Civil Dissolution of Marriage/Divorce
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Custody, Child Support, Name Change
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Criminal, OWI/DUI or DOT matters, Juvenile and Possession of a Controlled Substance
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ASSOCIATIONS:
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Iowa Bar Association