Creditor Has No Claim to Wrongful Death Claim Settlement

creditor claims

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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Details on the Iowa Inheritance Tax Repeal

iowa inheritance tax repeal

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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Recent Judgment on Will Challenges During Lifetime

interferance with inheritance

On January 21, 2021, the Iowa Supreme Court issued an opinion in the case of In The Matter of the Guardianship and Conservatorship of Vernon D. Radda v. Washington State Bank, as Conservator for Vernon D. Radda.  The issue in the case was whether a prospective heir can bring a declaratory judgment action under Section 633.637 (2019) of the Iowa Code, to determine the validity of wills before the testator dies.  The Ward executed wills in 1992 and 2015 while he was under a voluntary Conservatorship and without any judicial determination of his testamentary capacity.  The sister of the Ward

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