Litigation

Thompson & Howle has a busy litigation practice in areas affecting the elderly and people with disabilities. Our attorneys have experience litigating
  • Will contests
  • Contested guardianships
  • Trust disputes
  • Probate questions
  • Vulnerable adult actions
  • Cases brought under the Trust and Estate Dispute Resolution Act (TEDRA)
Thompson & Howle attorneys have state, federal and appellate court experience. Our attorneys have served as pro tempore court commissioners in the King County Superior Court, have extensive experience as court-appointed guardians ad litem in litigated cases, and serve as mediators in contested probate, trust, and guardianship cases. Because of the firm’s litigation and mediation experience, we are able to effectively help clients avoid litigation.

Examples of reported appellate cases:

Washington State Supreme Court:
  • Estate of Fleming, 143 Wn.2d 412 (2001) – successfully represented the administrator of a probate estate on issues relating to the inheritance rights of biological parents who had terminated their parent-child relationship.
  • Washington Coalition for the Homeless v. DSHS, 133 Wn.2d 894 (1997) – successful class action on behalf of homeless children to enforce State welfare agency’s duty to have coordinated comprehensive plan for services.
  • In re Guardianship of Hayes, 93 Wn.2d 228 (1980) – successfully represented amici curiae Legal Advocates for the Disabled in a contested guardianship action that addressed the power of the courts to authorize the sterilization of developmentally disabled persons.
Courts of Appeal:
  • In re Custody of Halls, 126 Wn. App. 599 (2005) – successfully established the right to appointed counsel in civil contempt proceedings involving enforcement of parenting plans.
  • In re Estate of Kessler, 95 Wn. App. 358 (1999) – successfully represented the personal representative in a will contest claiming fraud, undue influence and lack of testamentary capacity.