What Can Iowans Expect During Probate Litigation
Estate litigation involves the same processes and procedures contained in ordinary lawsuits, but with the added layer of probate proceedings and rules.
Individuals who choose to contest a will or trust should first consult with a well-practiced estate litigation attorney to learn if they hold a legitimate claim.
If their probate litigation lawyer finds a valid cause of action, he or she will file a challenge with the court, serve all parties, and enter discovery, where both sides gradually work through complex pre-trial legal issues and evidence with good faith expectations of settling the case out of court.
Expert trust and estate litigators in Iowa settle an estimated ninety percent of their probate dispute cases outside of courtrooms because they recognize it’s in the best interests of their clients to negotiate fair settlement terms with defendants.
It’s also important for Iowans to know that they must file motions to set aside the probate of a will or trust administration within:
one month after executors mail notice of probate administration to the party; or,
four months after executors publish a second notice of probate administration.
Plaintiffs and defendants in estate disputes must therefore act fast if they want to protect their financial interests and protect their lost loved one’s true wishes.