Iowa Supreme Court Case on new Guardianship Act

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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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Conservator’s Authority to Enter into Farm Leases

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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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Can Deathbed Instructions Amend a Trust?

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On October 7, 2020, the Iowa Court of Appeals issued a Ruling in the matter of the Sandahl Trust (2017).  Craig Sandahl executed the Sandahl Trust which was a Revocable Grantor Trust in 1993.  The Trust was funded with substantially all of Craig Sandahl’s assets.  The Trust was last restated by a document dated August 14, 2017, which was two months before Craig Sandahl passed away. The Trust distributed assets to two groups of recipients.  One group was the “Descendant’s Trust” of which Craig’s children’s lineal descendants were the beneficiaries and the other group was given to the Community Foundation

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New Iowa Supreme Court Case – Estate Planning & Statute of Limitations

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On June 12, 2020, the Iowa Supreme Court issued a ruling in the case of In The Matter of the Estate of Sandra R. Franken, John E. Rottinghaus and Dessie Rottinghaus vs. Lincoln Savings Bank, Fiduciary of the Estate of Sandra R. Franken.  Said Ruling was amended on August 17, 2020. In 1973 the Rottinghauses sold real property of Dessie to Sandra and James Kipp, as joint tenants with full rights of survivorship.  The deed granted the Rottinghauses a first right of refusal which stated as follows: Grantees hereby agree that they will not sell or otherwise convey the premises

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Insights from a Recent Living Trust Case

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On July 22, 2020, the Iowa Court of Appeals issued a ruling in the matter of the Inman Family Living Trust (No. 19-1045).  Leland and Ella Mae Inman executed the Inman Family Living Trust in 2014.  In 2016, Leland passed away.  The Trust provided that the trustees possessed the powers, rights and discretion set forth in the Iowa Code; that the trustees are authorized to determine fairly and equitably the manner of ascertainment of income and principal and the allocation of all receipts and disbursements to income and principal accounts; and that the Trust shall be governed in accordance with

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New Iowa Supreme Court Probate Case – Harold Youngblut vs. Leonard Youngblut

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On June 12, 2020, the Supreme Court of Iowa issued a decision in the Harold Youngblut vs. Leonard Youngblut case.  The case involves two brothers, Harold and Leonard Youngblut.  Their parent were Earl and Agnes Youngblut.  Earl and Agnes were the parents of twelve children, three of whom predeceased them.  Earl and Agnes formed a corporation, Youngblut Farmland Ltd. in 1980 and transferred most of their farm assets into the corporation with the exception of farm ground in Tama County known as the “South Farm”.  Both Harold and Leonard worked for the corporation until Leonard left in 1988 over a

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Payout of EIP Stimulus Checks to Deceased Individuals

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There has been much discussion among lawyers as to the payment of Economic Impact Payments (EIP) stimulus checks to deceased individuals.  The checks are generally in the amount of $1,200.00 for each taxpayer.  The Internal Revenue Service has recently addressed the issue on the Question and Answer section of its website. The IRS states that a person who died before receipt of the payment does not qualify and the payment should be returned to the IRS.  The entire payment should be returned unless the payment was made to joint filers and one spouse was alive at the time of receipt

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Passage of the Secure Act & What it Means to You

On December 20, 2019, the President signed into law the Secure Act.  This article will focus on the key provisions of the new Act. The new Act changes the beginning age for taking required minimum distributions to age 72.  The new law applies to account owners who turn 70½ after the year 2019.  The new Act also repeals the prohibition on contributions to a traditional IRA by an individual who has attained the age of 70½.  Owners of traditional IRA’s can now make contributions past the age of 70½. The new Act also allows taxpayers to withdraw up to $5,000

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Mental Illness and Lack of Testamentary Capacity

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On September 25, 2019, the Iowa Court of Appeals issued a ruling in the Matter of the Estate of Freeman Adams.  Freeman Adams died in December 2016.  Dorothy Ruth Fisher, the sister of the decedent, petitioned in probate to open an intestate estate for the decedent.  Ms. Fisher acknowledged that the decedent executed a Last Will and Testament in 2011 and asserted that such document was invalid due to lack of testamentary capacity or the product of undue influence, or both.  Two beneficiaries of the Estate objected to Ms. Fisher’s petition. The facts of the case show that the decedent

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Changes to Guardianships for Minors

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The Iowa Legislature recently passed and the Governor signed legislation which makes significant changes to the Iowa law regarding guardianships and conservatorships for adults and minors. Last month my blog dealt with the changes regarding guardianships for adults and conservatorships for adults and minors. This month I will discuss changes for guardianships for minors. The new law will apply to new minor guardianships opened after December 31, 2019 and will also apply to minor guardianships which were opened prior to January 1, 2020. The provisions in the Code regarding minor guardianships have been moved from Chapter 633 to Chapter 232D.

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