Will Contests, Probate Litigation & Trust Litigation

The Enke Law Office, PLLC, represents clients in Fort Dodge, Mason City, and the surrounding Iowa communities in will contests, probate, trust, and estate litigation.  Whether challenging or defending the validity or provisions of a will or trust, or the actions taken by an executor, trustee or other fiduciary, we have the knowledge, experience, and advocacy skills to achieve a successful resolution of the claim on our client's behalf.  Bill has represented clients in challenging a will or trust where circumstances warrant and has defended wills from claims that unfairly contest the validity of a will. See examples of cases on our LAWSUITS AND SETTLEMENTS page.

Will Contests and Probate Litigation

A will may be contested in any number of ways.  Some of the most common grounds for challenging a will are fraud, executor misconduct, lack of mental capacity of the deceased, theft of estate property, and undue influence on the part of a family member, care giver, beneficiary or other person. 

Besides questioning the validity of a will, other contested issues may arise.  For example, there may be more than one will in existence and the determination of whether one will was properly revoked, or which will is the valid will to be probated, must be determined by the court.  The beneficiaries of the will may dispute the appointment of a fiduciary or may contest the accounting of the estate's assets submitted by the executor.  In addition, allegations of a breach of fiduciary duty or estate mismanagement may arise and removal of the executor/fiduciary may be sought. 

Trust Litigation

In addition to wills, trusts are another popular tool for distributing one's estate to heirs and other beneficiaries.  A trust may be effective during the person's lifetime (a living trust), or it may take effect upon death similar to a will (a testamentary trust).  In either case, just like a will, certain requirements must be met in order for a trust to be valid.  In Iowa, these requirements are governed by the provisions of the Iowa Trust Code.

Similar to a will, the validity of a trust may be challenged in court.  In addition to challenging the validity of a trust, there are many other types of trust litigation.  The person named as the trustee to manage or administer the trust has certain fiduciary duties to the trust beneficiaries.  These duties include loyalty, impartiality, and prudent investment.  If it appears that a trustee is self-dealing by investing trust proceeds in his or her own business, for instance, litigation may be required to remove the trustee or recoup monies lost by a trustee's improper actions.

Fort Dodge & Mason City Area Trust and Estate Litigation Attorney

Probate, trust, and estate litigation matters are inherently complicated and require representation by experienced legal counsel.  These complexities magnify the importance of choosing the right attorney to represent your interests.  Bill has successfully represented the interests of his clients in complex will and trust actions involving significant wealth.  Contact the Enke Law Office, PLLC for professional advice and representation.