Thinking of Gifting of Body to University of Iowa?

On August 29, 2017   /   Elder Law West Des Moines, Estate & Trust Administration, Estate Planning West Des Moines, Will & Trusts West Des Moines  
deeded body, living will, estate planning des moines

Many clients inquire as to the process to donate one’s body to the University of Iowa for scientific purposes. In order to be effective, the University of Iowa requires that a Deed of Disposition of Body for Scientific Purposes be on file with the University prior to an individual’s death. The Deed of Disposition of Body for Scientific Purposes can be executed by a person who is 18 years of age and competent. The University retains the right to not accept the body if it is not appropriate for their needs. The family of the donor or the estate of

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Guardianships and Conservatorships

On July 27, 2017   /   Elder Law West Des Moines, Estate & Trust Administration, Estate Planning West Des Moines, Legal Resources West Des Moines, Will & Trusts West Des Moines  
guardianship and conservatorship, elder law, estate planning

I have written previously in this Blog regarding the use of Medical Power of Attorneys and Financial Power of Attorneys. One of the benefits of the Health and Financial Powers is that in many cases they can be used to avoid setting up a formal Guardianship and Conservatorship with the Court. The Guardian makes medical and social decisions for the Ward and also decides on where the Ward will reside. The Conservator handles the Ward’s property and finances. Either an individual or a bank may act as a Guardian or Conservator. Guardians and Conservators are required to file annual reports

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Facts About Organ Donation

On December 22, 2016   /   Estate & Trust Administration, Estate Planning West Des Moines, Will & Trusts West Des Moines  
organ donation, register as organ donor, iowa donor network, beatty & Miller pc

My blog articles for the past two months have dealt with Power of Attorneys for Health Care Decisions and Living Wills.  Both documents contain a paragraph dealing with organ donation.  If you check yes, you are indicating that in the event medical professionals determine that you are an organ donor, you agree to the use of life-sustaining procedures, including a ventilator for the sole purpose and time period required to complete the organ donation.   It is my experience that many clients who come to my office to discuss estate planning have not considered the option of becoming an organ

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Everything You Need To Know About Living Wills

On October 27, 2016   /   Elder Law West Des Moines, Estate & Trust Administration, Will & Trusts West Des Moines  
living wills, senior medical care, do not resuscitate

Iowa law allows for individuals to execute Living Wills to insure that the rights and desires of terminally ill or comatose individuals are honored.  The document takes the decision making burden away from your family members.  Your physician will make sure your desires are accomplished.  Pursuant to the Living Will, you direct your physician to withhold life-sustaining procedures in the event you have an incurable or irreversible condition that will result in death within a relatively short period of time or a state of permanent unconsciousness from which, to a reasonable degree of medical certainty, there can be no recovery.

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

On September 26, 2016   /   Business Law West Des Moines, Elder Law West Des Moines, Estate & Trust Administration, Legal Resources West Des Moines, Will & Trusts West Des Moines  
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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What is a Revocable Living Trust?

On August 26, 2016   /   Elder Law West Des Moines, Estate & Trust Administration, Estate Planning West Des Moines, Non-Probate Administration, Real Estate Law West Des Moines, Will & Trusts West Des Moines  
revocable living trust, living trust, estate planning des moines iowa

This month I want to introduce you to the Revocable Living Trust which is also known as a Revocable Trust, Living Trust, or Inter Vivos Trust. A Revocable Living Trust is a document which is used to manage one’s property during life and to distribute one’s property at the time of death. The person who creates the Trust is referred to as the trustor, grantor or settlor. The person who holds the property and who is in charge of the management of the Trust is the trustee. The individuals and entities which receive distributions from the Trust are the beneficiaries.

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More About Mediation

On July 28, 2016   /   Business Law West Des Moines, Contract Law West Des Moines, Legal Resources West Des Moines, Probate Law West Des Moines  
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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Options for Distribution of Personal Property

On April 27, 2016   /   Elder Law West Des Moines, Estate & Trust Administration, Estate Planning West Des Moines, Will & Trusts West Des Moines  
distribution of personal property

A question that always comes up when I meet with new Will clients is how to handle distribution of one’s personal property. One option is to direct your executor to divide your personal property equally among a group of individuals.  The Will can provide that the executor makes the decision as to what property goes to what individual or can provide that the individuals decide among themselves as to what property goes to what individual.  Both options can cause problems. If a child is also acting as executor, the decisions made by said child on how to distribute personal property

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Death Taxes – What Are They?

On December 23, 2015   /   Elder Law West Des Moines, Estate & Trust Administration, Estate Planning West Des Moines, Real Estate Law West Des Moines, Taxation Law West Des Moines, Will & Trusts West Des Moines  
inheritance taxes des moines iowa

The words “death taxes” were created by persons (politicians) without defining the meaning or definitions of the words when they are spoken or written. I will try to bring meaning to the words “death taxes.” The event of death can cause two separate and distinct taxes. They are: A Federal estate tax and A State’s inheritance tax First the Federal estate tax is imposed on assets of a decedent’s estate over which he/she have title, ownership, dominion or control and have a net value of greater than $5,430,000 (called the Applicable Exclusion Amount) for deaths that occur in the year

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De Minimis Safe Harbor Expense Threshold

On December 18, 2015   /   Business Law West Des Moines, Corporate Law West Des Moines, Taxation Law West Des Moines, Uncategorized  
business taxes, business tax deductions, deduction limits, business expense threshold limits, De Minimis Safe Harbor Expense Threshold

On November 25, 2015, the IRS issued a Notice increasing the De Minimis Safe Harbor Threshold for deducting certain capital expenses from $500.00 to $2,500.00.  The new limit goes in effect on January 1, 2016.  The De Minimis Safe Harbor Expense Threshold is applicable to any type of business entity: a C Corporation, an S Corporation, an LLC, or any type of partnership, and Schedule C (Profit or Loss from Sole Proprietorship), Schedule E (Supplemental Income and Loss from Rental Real Estate), Schedule F (Profit or Loss from Farming) and Schedule 4835 (Farm Rental Income and Expenses).   We are recommending

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