Probate, Estate and Trust Litigation
Simmons Perrine Moyer Bergman attorneys represent claimants, beneficiaries, and executors in all types of actions arising under the Iowa Probate and Trust Codes.
Legal services provided:
Will contests. 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.
Trust disputes. 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.
Other types of matters include:
- 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
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.
