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Legal Resources West Des Moines

Dismissal of Des Moines Waterworks Lawsuit

des moines water works ruling

The lawsuit filed by the Des Moines Waterworks against the drainage districts in three Northwest Iowa Counties has been followed extensively in the press.  The case which deals with the issue of how to deal with the levels of nitrates in the State’s drinking water was filed in the United States District Court for the Northern District of Iowa.  The Federal District Court Judge certified four questions to the Iowa Supreme Court in order to clarify issues of Iowa law raised in the lawsuit.  The Iowa Supreme Court issued a ruling finding that Iowa law has immunized drainage districts from

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Administration of Small Estates

estate planning lawyer west des moines iowa

Chapter 635 of the Iowa Code sets forth a provision dealing with the administration of small estates.  In order to qualify for a small estate, the gross value of the probate assets of a decedent must not exceed $100,000.00.  Probate assets do not include life insurance proceeds and retirement plan benefits if such items pass by designation of beneficiary form.  The provisions for fees for the personal representative and the attorney for the estate are different from the regular probate provisions set out in Chapter 633 of Iowa Code.  Under the small estate statute, the fees for the personal representative

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Benefits of Power of Attorney for Health Care Decisions

power of attorney des moines iowa

Last month I discussed in detail Living Will documents which are used to insure the rights and desires of terminally ill or comatose individuals are honored.  This month I will focus on Powers of Attorney for Health Care Decisions and how they work with Living Wills.  If a person is unable to make health care decisions and does not have a Power of Attorney for Health Care Decisions, it is necessary to file a Petition for Appointment of Guardian with the Iowa District Court to appoint a Guardian to make health care decisions and decisions as to where the individual

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Ned P. Miller “Of Counsel” October 1, 2016

ned miller iowa attorney, of counsel west des moines

On October 1, 2016, Ned P. Miller will change his status from a Shareholder to “Of Counsel”. The “Of Counsel” designation indicates that Ned is on a semi-retirement basis and will continue his practice in fewer or more select areas of the practice of law. He will also be available to the firm for consultation and advice as needed. Our firm will remain in the same location and we will continue to practice in the same areas of the practice of law. James D. Beatty will continue as a Shareholder and will continue to practice full time. In the future,

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More About Mediation

mediation, probate court mediation, mediation services

In last month’s blog, Jim Beatty discussed the mediation program for probate matters in Polk County. This blog will piggyback on that blog. Recently, I have had my first experience facilitating a mediation involving a probate matter. In anticipation of the mediation event, I did some research regarding styles of facilitating a mediation event and the styles of the positions of the disputing parties. Not only is it important to clearly identify a mutual understanding of the disputed issues, but equally important to identify the emotional impact which both have related to the dispute. The fact issue will most often be an economic (business matter)

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Skepticism as a Useful Tool

legal sceptic evaluation

I am not suggesting that one must be a skeptic but rather that constructive doubt is useful in my profession.  I need to have an understanding of the differences among (1) what I think, (2) what I believe, and (3) what I know. With regard to thinking, it involves the development of a process by which I gather information.  It is being open-minded, being non-judgmental and does not evaluate the information or documentation assembled. With regard to what I believe, it involves looking at the information and the documentation assembled and sorting through the information and documentation to analyze which

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Don’t Hide The Important Documents From Yourself

filing wills and legal documents west des moines, iowa

After a person has signed his/her Will, the most often asked question is, “what do I do with my Will”. There are a variety of responses to that question. Among the answers are: A safe deposit box which can present another problem at your death; A secured strong box in your home; The Trust Department of the bank if you have named the bank as executor of your estate. If you place your Will in your safe deposit box, make certain that you have authorized your spouse, at least one of your children or a trusted friend to have access

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Answers on Iowa’s Final Disposition Act

caring for the body after death

In the course of managing the estate for yourself or a loved one, the specifics surrounding disposition is often confusing. Iowa law provides detailed answers, but after the death of an individual, family members and friends are often concerned with consoling one another and paying respects to the deceased. Burial, cremation, and other details need to be fully defined through proper estate planning procedures. For your convenience, we’ve put together a comprehensive overview of the Iowa Code for Disposition. Chapter 144C of the Iowa Code, which was enacted in 2008, sets forth the Final Disposition Act which allows a person

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Recordkeeping: A Blissful Task or Cursed Undertaking?

recordkeeping west des moines iowa

What is it about Recordkeeping that makes it so difficult to do at times? As I get into the topic of recordkeeping, I learned that it is a much broader topic than this Blog has time to address. Recordkeeping addresses an array of matters for which records are created. In my opinion, there are two significant elements of recordkeeping, they are the emotional side (how I feel about recordkeeping) and the reasoning side (what I think about recordkeeping). First, I want to address the emotional side. Is it fun to do? Is it tedious to do? Do I feel rewarded

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How Long Should You Keep Records?

How long to keep legal documents files

Our clients frequently ask us for advice on how long they need to attain their various records. Often times, the requirements for records retention varies based on the circumstances. For the benefit of our clients as well as you, our readers, the table set forth below will give some general guidelines for record-keeping and documentation. If you have additional questions pertaining to the documentation of legal records or have questions concerning another legal matter, please don’t hesitate to call us – 515-225-1100. By James D. Beatty.

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