Practice area
Probate Litigation
When navigating the emotional and legal complexities of a loved one’s passing or incapacity, you need an experienced advocate in your corner.
What these disputes involve
Our probate litigation services provide robust legal representation for disputes involving wills, trusts, and estate administration. Whether you are facing a breach of fiduciary duty, contesting a fraudulent will or trust, or resolving disagreements among beneficiaries and trustees, we work tirelessly to protect your rights and honor your loved one’s true wishes. We combine deep legal expertise with compassionate guidance to resolve sensitive family disputes efficiently, minimizing stress during a difficult time.
In addition to estate disputes, our firm provides dedicated representation for guardianships and conservatorships when a vulnerable family member can no longer care for themselves. We assist clients through the legal process of establishing guardianship to protect an individual’s personal and medical well-being, as well as conservatorship to safeguard their financial assets. If a guardianship is being unjustly contested, or if a court-appointed fiduciary is mismanaging assets, we provide strong advocacy to ensure your vulnerable loved ones receive the care, dignity, and protection they deserve.
What we handle
Guardianships of Incapacitated Adults
A guardianship gives one person legal authority over another adult’s personal and medical decisions. It is a serious step, and Utah courts do not grant it lightly. We petition for guardianship where a family member can genuinely no longer make safe decisions, and we contest petitions that overstate incapacity or are brought by the wrong person for the wrong reasons. Contested guardianships are often really family disputes about control and access. We also act where an existing guardian is isolating the protected person, obstructing family contact, or making decisions that serve the guardian rather than the person in their care.
Conservatorships of Incapacitated Adults
A conservatorship places an adult’s finances under someone else’s control — which is precisely why it needs scrutiny. We petition for conservatorship where assets are genuinely at risk, and we oppose petitions that are unnecessary or self-interested. Where a conservator is already appointed, we pursue accountings, challenge transactions that benefit the conservator, and seek removal where funds have been misused. These matters frequently sit alongside a later trust or estate dispute, because money moved during a conservatorship shapes what is left to inherit. Handling both together means the financial history is examined once, properly.
Undue Influence Claims
Undue influence is rarely obvious. It looks like a caregiver who becomes indispensable, a child who moves in and takes over the finances, a new advisor who appears late and reorganizes everything. The document that results may be validly signed and still not reflect the person’s own wishes. We prove and defend these claims by reconstructing the relationship and the circumstances: who had access, who arranged the lawyer, who benefited from the change, and whether the person was isolated from everyone else. Utah law recognizes that a confidential relationship combined with suspicious circumstances calls for close examination.
Elder Abuse Claims
Financial exploitation of older adults usually happens quietly, inside the family, and is discovered only after death or incapacity. Accounts are drained, property is transferred for nothing, beneficiary designations change, powers of attorney are used for the agent’s benefit. We pursue civil claims to recover misappropriated assets and to void transfers obtained through exploitation, and we work alongside estate and trust proceedings so the same conduct is addressed in every forum where it matters. Where a vulnerable person is still at risk, protective steps can be sought quickly. Acting early matters, because assets that move can become difficult to trace.
Probate matters we have resolved
$750K
Contested probate — Clinton
Represented client in contested probate litigation matter in Clinton, UT to obtain favorable settlement of real estate and cash accounts valued over $750,000, including guns and other cherished memorabilia.
Protected
Guardianship and conservatorship — Tooele
Represented elderly client in Tooele, UT to protect estate assets, including cash accounts and real estate, in a contested guardianship and conservatorship between the client’s children.
Protected
Contested conservatorship — Ogden
Represented elderly client in contested conservatorship to protect the estate located in Ogden, UT, consisting of multiple duplexes, real estate, and cash accounts.
Tell us your story, and we’ll protect your inheritance
Tell us what has happened. We will tell you plainly whether there is something worth pursuing, and what it would take.
Rather talk?
Monday to Friday, 9am–5pm Mountain Time.
Office
TMoss Law, LLC
500 North Marketplace Drive, Suite 200B
Centerville, UT 84014
Contacting the firm through this website does not create an attorney-client relationship, and information sent before that relationship is formed may not be treated as confidential.