DBSH Clients' Inheritance Increased from $200,000 to $3.1M after Will Contest Action

posted on 9/25/2017 by Nate Schroeder in Awards & Accolades

David Dutton and Nate Schroeder represented two brothers who were each left only $100,000 under their mother’s 2004 Will. Under their mother’s prior wills, each of the three brothers was to receive one-third of their mother’s estate. We filed a will contest action on behalf of our clients seeking to set aside the 2004 Will and two subsequent codicils to the will on the basis they were the result of undue influence exerted by their youngest brother and their mother’s third husband. A claim was also brought against the clients’ other brother for intentional interference with inheritance seeking to recover farm income from an irrevocable trust set up in 1998.

After a 6-day jury trial, the jury returned a verdict finding the 2004 Will and 2015 codicil invalid as a result of undue influence. The jury also found in our favor on the intentional interference claim awarding our clients each $125,000. After the verdict, the parties reached an agreement where DBSH clients received a combined $3.1M from their mother’s estate. 

  1. awards & accolades
  2. david dutton
  3. dbsh general
  4. nathan j schroeder
About The Author

Nate Schroeder practices in civil litigation and is a partner at Daniels, Hines, Kalkhoff, Cook & Swanson. His practice focuses on cases involving probate litigation (will contests), personal injury (car accidents), and professional negligence. Nate received his undergraduate degree from University of Iowa and law degree from the Drake University and has been with the firm since 2013.