Understanding Continuation of Restrictive Covenants

On January 25, 2017   /   Business Law West Des Moines, Contract Law West Des Moines, Corporate Law West Des Moines, Real Estate Law West Des Moines  
real estate covenant

Many residential developments (homes, condos and townhomes) have restrictive covenants which set out restrictions regarding the use of properties located in the development.  Most restrictive covenants set forth the term of years that the restrictive covenants will be in effect.  As set out below, such terms do not always apply to restrictive covenants that are also “use restrictions”. Chapter 614.24 of the Iowa Code was initially adopted in 1965 and provides for the termination of all “use restrictions” on a property after a period of 21 years.  The term “use restrictions” has never been defined in the Code until the

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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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Recordkeeping: A Blissful Task or Cursed Undertaking?

On January 20, 2016   /   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, Real Estate Law West Des Moines, Taxation Law West Des Moines, Uncategorized, Will & Trusts West Des Moines  
recordkeeping west des moines iowa

What is it about Recordkeeping that makes it so difficult to do at times? As I get into the topic of recordkeeping, I learned that it is a much broader topic than this Blog has time to address. Recordkeeping addresses an array of matters for which records are created. In my opinion, there are two significant elements of recordkeeping, they are the emotional side (how I feel about recordkeeping) and the reasoning side (what I think about recordkeeping). First, I want to address the emotional side. Is it fun to do? Is it tedious to do? Do I feel rewarded

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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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How Long Should You Keep Records?

On November 2, 2015   /   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, Real Estate Law West Des Moines, Taxation Law West Des Moines, Will & Trusts West Des Moines  
how long do i keep legal documents

Our clients frequently ask us for advice on how long they need to attain their various records. Often times, the requirements for records retention varies based on the circumstances. For the benefit of our clients as well as you, our readers, the table set forth below will give some general guidelines for record-keeping and documentation. If you have additional questions pertaining to the documentation of legal records or have questions concerning another legal matter, please don’t hesitate to call us – 515-225-1100. By James D. Beatty.

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Distribution of Property by Affidavit

On August 24, 2015   /   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  
Distribution of Property

Section 633.356 of the Iowa Probate Code sets forth a provision that is often overlooked by the estate planning professionals. The provision sets forth a method to avoid probate of an estate in an item of personal property involved is valued at $25,000.00 or less. For example, a person may die with a house titled in joint tenancy with their spouse and have a life insurance policy to their spouse but have a bank account in their individual name. The house passes to the surviving spouse outside of probate due to the fact that the asset is held in joint

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2015 Legislative Changes Regarding Probate & Trust

On June 25, 2015   /   Business 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, Will & Trusts West Des Moines  
inheritance tax code iowa

The 2015 Legislature recently adjourned for the year. I will summarize the major items of legislation which were passed by the House and Senate. Iowa inheritance tax changes were made in regard to bequests going to the children of step-children.   Prior to the passage of the act, there was no Iowa inheritance tax owed from bequests passing to the surviving spouse, parents, grandparents, great grandparents, children, stepchildren, grandchildren, great grandchildren, and other lineal descendants. The new Act provides that bequests passing to lineal descendants of a decedent’s stepchildren will also be exempt from Iowa inheritance tax.   The bill does not

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Real Estate Law – Sell Your Home By Yourself

On April 23, 2015   /   Business Law West Des Moines, Contract Law West Des Moines, Estate & Trust Administration, Legal Resources West Des Moines, Real Estate Law West Des Moines  
home sales by owner des moines real estate lawyer

Spring has finally arrived and sales of homes are picking up. Most homeowners opt to list their homes with a realtor. The commission due to a realtor on the sale of a home is generally seven percent (7%) of the sales price. This can be a significant expense. For example, the 7 percent commission on the sale of a $250,000.00 home is $17,500.00. Another option is to list your home for sale by yourself and to retain an attorney to assist you with the sale. The attorney can assist by preparing the various disclosures which are required to be provided

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