House File 232, which was discussed in my article of last month was signed by the Governor on June 1, 2023. Said bill also amends Section 633.555 to provide that in situations where a conservator has not been appointed for a minor, property due to a minor, not exceeding the aggregate of $50,000.00, shall be…
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House File 232, which is currently before the Governor for signature, provides a mechanism whereby new trusts and existing trusts will have a new tool to obtain information from third parties. The new provision allows a Trustee to present a written request to any person for the purpose to obtain information required to perform the Trustee’s duties or any information on property owned by the Trust and which is owned by the Trust Settlor at the time of death, including information about the property that has passed or will pass by beneficiary designations or joint tenancy ownership. The request must
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On December 21, 2022, the Court of Appeals of Iowa issued an opinion in the case of In Re: The Marriage of Derek W. George and Debra A. George, and Upon the Petition of Derek W. George, Petitioner-Appellee, and concerning Debra A. George, Respondent-Appellant (No. 21-1998). Derek and Debra were married in 1998 and had four children. The District Court made a finding of the pre-marital assets of Debra which consisted of gifted and inherited assets. The District Court concluded that Debra’s inherited and gifted funds “became so invested in marital assets that the Court could not fully compensate her
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On February 8, 2023, the Iowa Court of Appeals issued an opinion In the Matter of the Estate of Mark D. Levine, Margarita Cervera Levine, Appellant, vs. Sara Lunn Keown, Appellee (No. 22-0654). Mark Levine died intestate in the country of Belize on February 8, 2021. Mark owned a joint interest in a mobile home and adjoining real estate in Polk County, a condominium in Belize, along with various bank and investment accounts. Mark married Margarita Cervera Levine in September of 2020, in Belize. Mark had an adult daughter Sara Keown who resides in Polk County Iowa. After the marriage,
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On November 2nd, 2022, the Iowa Court of Appeals issued an opinion in the matter of the Estate of Helen M. Halter, Deceased, v. Kim Barber, Appellant. The case involves the Estate of Helen M. Halter. Judy Conn is Helen’s daughter in law, and she was married to Bruce Halter until his death in 1982. Judy’s son, Chad Halter, is Helen Halter’s only living grandchild. The other parties in the case are Phyllis Green, who is Helen Halter’s half-sister and the daughter of Phyllis, Kim Barber. In May of 2013, Helen Halter executed her Last Will and Testament, a General
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After 50 plus years of the practice of law, Ned P. Miller, has decided to retire from the practice effective December 30, 2022. Ned will be missed by the firm and by his clients. Ned is looking forward to retirement and plans to keep busy with his many interests. Thank you, Ned, for your long service to the practice of law. I will miss you and I wish you well on your future endeavors. — Jim Beatty
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On August 3, 2022, the Iowa Court of Appeals issued an opinion In the Matter of the Estate of Sam Vernon Elsen, deceased, Michelle Lynn Davila, Plaintiff and Chad Michael Elsen, Plaintiff-Appellant, vs. Emily Jean Elsen-Cox, individually and as Trustee of the Sam Vernon Elsen Revocable Trust and Executor of the Estate of Sam Vernon Elsen, Defendant-Appellee. Sam Vernon Elsen was born in 1946. He was the father of three children, all with his first wife Marjorie. Sam adopted Michelle who was Marjorie’s daughter from a prior relationship. Emily and Chad were born out of the marriage of Sam and
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On June 15, 2022, the Court of Appeals of Iowa issued an opinion in the matter of the Estate of Kevin L. Barz, Brad Staley and Susan Staley, Appellants (No. 21-0563). The case involves Kevin Barz and his spouse who both died in a motor vehicle accident. The Barz’s were survived by three children who were the co-executors of the estate. The co-executors filed a wrongful death action against the tortfeasor and his insurance company. A settlement was reached with the tortfeasor for $622,264.15. The settlement provided that it “was paid solely as compensation for the individual loss of consortium”.
More Legal News & Information... →On April 13, 2022, the Iowa Court of Appeals entered its opinion in the case of University of Dubuque v. Sharon Fairchild and Robilyn G. Cowart (No. 21-0216). Richard Cowart was employed by the University of Dubuque beginning in January of 1998. His spouse at that time, Sharon Cowart, was named as his beneficiary on his TIAA and CREF Retirement Annuity Contracts. Richard and Sharon were divorced in June of 1998. In the divorce case, Sharon signed a stipulation providing that “I, Sharon Cowart, relinquish any claim to any savings accounts, securities, retirement fund, or inheritance due to or belonging
More Legal News & Information... →On January 14, 2022, the Iowa Supreme Court issued an Opinion in the Matter of the Guardianship of L.Y. The case is the first interpretation of the new Guardianship Act which went into effect on January 1, 2020. The case involved young parents who consented to a temporary guardianship for the paternal grandparents to serve as guardians of their five-year-old daughter so that the daughter could be placed on the grandparents’ medical insurance and easily travel with them on vacation. The guardianship was also to provide an opportunity for the parents to complete their divorce and to establish stable lives.
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