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

posted on 9/25/2017 by Nathan 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