I’ll be the first to admit it: sometimes we breeze over the discussion of Advanced Directives and Living Wills discussion during estate plan consultations. And I’m pretty sure that a lot of clients don’t really grasp the depths of these critical documents. Here’s a pretty good guide and discussion of the issues and documents that
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Who Should Handle Your Assets After Death? Professional or an Amateur?
Most people like to start with considering friends and family members as trustees. They are going to be most familiar with you and your family, and they will understand your family’s dynamics. In addition, family members often do not charge a trustee fee (although they are usually entitled to take a fee). Cost conscious clients…
Iowa Inheritance Tax – A Thing of the Past in the Future?
Will Contests in Iowa Before Death? Nope.
Check out my post on the pre-mortem will contest on the Probate-Iowa blog. Too tired to click and just want the short answer? Can’t do it in Iowa. Have to wait until the person dies before you challenge the will.
Cheated Out of an Inheritance? Better Stay on Your Toes If You Want to File a Lawauit.
As I discuss in more detail on the post on my Iowa probate blog, a recent ruling from the Iowa Supreme Court significantly changes the time period in which to bring a lawsuit for interference with inheritance. In short: don’t wait very long.
Protection for Elders in Iowa From Financial Exploitation
What is “elder abuse”?As provided in Iowa Code 235F, elder abuse means any of the following:1. Physical injury to, unreasonable confinement, punishment or assault of a vulnerable elder2. Sexual offense with or against a vulnerable elder3. Neglect by a caretaker of a vulnerable eldera. Includes the deprivation of the minimum food, shelter, clothing,…
Probate Issues in Iowa Now a Separate Blog
Way back in 2009, or whenever I started this blog, I posted about probate topics as well as estate planning. (I’m not sure I expected to be blogging still in 2020. My dream of retiring at age 44 and retiring to a caribbean island just didn’t materialize.) Then one day I looked at the site…
COVID-19 and Suspension of Physical Presence for the Execution of Legal Documents
Each day gets crazier and crazier on COVID-19’s impact on our society, including in the estate planning world. Under Iowa long-standing law (Iowa Code sec. 633.279), when an individual signs their will, it is required that they sign in the presence of two individuals. This has been pretty strictly adhered to by Iowa…
Retirement Accounts and Conduit Trusts and SECURE Act. What Do I Need to Do???
The recent passage of the “Setting Every Community Up for Retirement Enhancement” Act (SECURE Act) in December 2019 created some significant changes to retirement accounts. One big change of SECURE resulted in changes to allowing what is commonly referred to as “stretch” IRA’s. Previously, beneficiaries such as children and grandchildren, were able to have…
Iowa Guardians and Conservators: Substantial Changes in Store for 2020
If you are (a) currently acting as the guardian and/or conservator for an Iowa resident or (b) plan to be appointed as guardian and/or conservator for an Iowa resident, bigly changes are in place for 2020 for annual reports or initial reports starting January 1, 2020.I’ll leave the procedural details out for now. (Nobody…