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”.
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On May 11, 2022, the Iowa Court of Appeals issued an opinion in the case of In the Matter of the Estate of Dennis R. Peterson, Deceased, Joseph Parcell, Appellant. The decedent Dennis Peterson executed a Will on August 27, 2018. The Will provided in part “I hereby give to Joe Parcell lifetime use of the 2nd and 3rd bays at 207 Collins Street… so long as he pays 35% of overhead”. The Will went on to give the residue of the estate to the decedent’s daughter, Donna Sue Peterson. The Will Appointed Donna Sue Peterson as the executor. Dennis
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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
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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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On July 21, 2001, the Iowa Court of Appeals issued an opinion in the case of A.Y. McDonald Industries, Inc. vs. Michael B. McDonald, No. 20-0766 (Iowa Ct. App. July 21, 2021). The Defendant, Michael B. McDonald, began his employment with the Plaintiff in 1983. During the time Michael was the manager of payroll for executive compensation, he misappropriated significant Company funds to himself. Due to the misappropriation, he was terminated in May 2012. Later in 2012, Michael signed a Restitution Agreement and promissory note to repay the Plaintiff the amount of $2,538,500. Pursuant to the Restitution Agreement, Michael was
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On May 21, 2021, the Iowa Supreme Court issued an opinion In The Matter and Conservatorship of Marvin M. Jorgensen, No. 18-1235 (Iowa Sup. Ct. May 21, 2021). Marvin Jorgensen suffered a stroke in 2016 that left him unable to manage his nearly 18,000 acres of Iowa farmland. Prior to the stroke, Marvin leased approximately half of his farmland to his children and to several grandchildren in “handshake” agreements that were never put in writing. After the stroke, a Conservatorship was opened for Marvin and the Conservator entered into new written leases with family members which continued with Marvin’s practice
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In the past week, the Governor signed Senate File 619 which repeals the Iowa inheritance tax over the next five years. Numerous attempts have been made over the past decade to eliminate or modify the Iowa inheritance tax. Pursuant to the bill, for persons dying in the year 2021, the Iowa inheritance tax will be reduced by twenty percent. For persons dying in the year 2022, the Iowa inheritance tax will be reduced by forty percent. For persons dying in the year 2023, the Iowa inheritance tax will be reduced by sixty percent. For persons dying in the year 2024,
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On April 30, 2021, the Iowa Supreme Court issued an opinion on In the Matter of the Estate of Vera E. Cawiezell, Deceased, Phyllis Knoche, Terry Brooks, and Jill Brooks, Appellants vs. Tom Coronelli and Beth Coronelli, Appellees. Vera Cawiezell died testate in April 2018. Her Will was admitted to probate. In the Will the decedent devised approximately 150 acres of farm ground to her friends, Tom and Beth Coronelli, subject to certain general restrictions in favor of Terry Brooks, the Tenant, who farmed the ground during the decedent’s life. Item 3 of the Will provided as follows: I hereby
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