Will contests, probate disputes and trust lawsuits

Will contests, probate disputes and trust lawsuits are part our our litigation practice.

"Litigation” is a dispute which goes to court. Many attorneys who file probates do not like being in a courtroom and do not have much experience in trials and contested hearings. We like being in the courtroom.

We can help you resolve disputes as quickly as possible and with the least expense. Jack Helgesen is a former president of the Utah Trial Lawyers Association and has more than thirty years of experience in the courtroom. Michael Houtz has more than fifteen years as a courtroom prosecutor. They both are very comfortable fighting for you in the courtroom.

These issues may require probate litigation:

  • Disputes about the validity of the will.
  • Disputes over who should be appointed as Personal Representative (administrator or executor) to manage the affairs of the estate.  
  • Disputes about the management of the estate.
  • Disputed claims by creditors.
  • Lawsuits to collect money or property owed to the estate.
  • Disputes over who gets the property or money
  •  When you have a contested probate case, we can help you resolve it.

 Some facts you should know about Utah litigation:

  • Litigation is the legal process of resolving disputes.
  • Probate disputes begin with the filing of objections, petitions or motions in the proper court. After the dispute is filed, the parties usually engage in discovery by asking and answering questions and demands for evidence. We often use paralegals to keep you legal costs lower in this stage of the case.
  • Hearings are often held by Judges to schedule a case, simplify the issues, resolve procedural disputes or to decide cases that don't need a trial.
  • Trials are the formal presentation of evidence by witnesses.
  • Appeals are attempts of a dissatisfied party to have a higher court reverse a decision at any stage of a lawsuit.
  • Settlement occurs whenever the parties can agree to resolve their dispute. In Utah, most lawsuits are settled.

 If we can resolve your dispute without a court fight, we will!

These are options we may use to settle a dispute:

  • Mediation brings parties together to work out their dispute with the help of a mediator, a trained specialist who is often a judge or former judge. Attorneys at Helgesen,Houtz & Jones have conducted hundreds of successful Utah mediations.
  • Arbitration allows people to take their dispute to a neutral third-party who can hear and decide their case without the time and expense of a lengthy legal court battle. Arbitration is not a solution for everyone, but it might help you.
  • Settlement is possible in almost every legal dispute if the lawyers are creative. We will never settle your case without your permission, but if you want to settle we can help you find the way. We have settled thousands of Utah legal disputes without going to trial.

If probate litigation is necessary, we are ready!

Our legal team of lawyers, paralegals and legal assistants has been winning lawsuits for over 30 years. We can help you!

Helgesen, Houtz & Jones $$(801) 544-5306