Big News for Family Settlement Agreements

On September 28, 2017   /   Elder Law West Des Moines, Estate & Trust Administration, Estate Planning West Des Moines, Legal Resources West Des Moines, Non-Probate Administration, Probate Law West Des Moines, Will & Trusts West Des Moines  
iowa family will lawyer

The Iowa Department of Revenue has had a long standing position that it will not accept Family Settlement Agreements to change the calculation of Iowa Inheritance Tax.  The Department has always relied on the original Will or Trust to calculate the amount of inheritance tax owed to the State of Iowa.  A recent Iowa Court of Appeals decision has changed the long standing policy regarding Family Settlement Agreements.  Family Settlement Agreements arise in estates or trusts where the beneficiaries of the Estate or Trust agree to enter into an agreement to change how the assets of the Estate or Trust

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Iowa Uniform Fiduciary Access to Digital Assets Act

On May 1, 2017   /   Business Law West Des Moines, Contract Law West Des Moines, Corporate Law West Des Moines, Elder Law West Des Moines, Estate & Trust Administration, Estate Planning West Des Moines, Legal Resources West Des Moines, Non-Probate Administration, Probate Law West Des Moines  
laws about digital assets iowa

On April 20, 2017, Governor Branstad signed the Iowa Uniform Fiduciary Access to Digital Assets Act which is codified in Chapter 638 of the Iowa Code.  The Act broadly defines “digital asset” to mean any electronic record in which an individual has a right or interest.  However, the term “digital asset” does not include an underlying asset or liability unless the asset or liability is itself an electronic record and the term “digital asset” does not include health information or individually identifiable health information as those terms are defined in the Federal Health Insurance Portability and Accountability Act of 1996. 

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Dismissal of Des Moines Waterworks Lawsuit

On March 28, 2017   /   Business Law West Des Moines, Contract Law West Des Moines, Corporate Law West Des Moines, Legal Resources West Des Moines, Real Estate Law West Des Moines  
des moines water works ruling

The lawsuit filed by the Des Moines Waterworks against the drainage districts in three Northwest Iowa Counties has been followed extensively in the press.  The case which deals with the issue of how to deal with the levels of nitrates in the State’s drinking water was filed in the United States District Court for the Northern District of Iowa.  The Federal District Court Judge certified four questions to the Iowa Supreme Court in order to clarify issues of Iowa law raised in the lawsuit.  The Iowa Supreme Court issued a ruling finding that Iowa law has immunized drainage districts from

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