Recent Undue Influence Case

On January 26, 2023   /   Elder Law West Des Moines, Estate & Trust Administration, Estate Planning West Des Moines, Legal Resources West Des Moines, Probate Law West Des Moines, Will & Trusts West Des Moines  
iowa court of appeals undue influence case

On November 2nd, 2022, the Iowa Court of Appeals issued an opinion in the matter of the Estate of Helen M. Halter, Deceased, v. Kim Barber, Appellant. The case involves the Estate of Helen M. Halter. Judy Conn is Helen’s daughter in law, and she was married to Bruce Halter until his death in 1982. Judy’s son, Chad Halter, is Helen Halter’s only living grandchild. The other parties in the case are Phyllis Green, who is Helen Halter’s half-sister and the daughter of Phyllis, Kim Barber. In May of 2013, Helen Halter executed her Last Will and Testament, a General

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Fiduciary Obligations on a 529 Account Owned by a Trust

On August 26, 2019   /   Estate & Trust Administration, Estate Planning West Des Moines, Legal Resources West Des Moines, Will & Trusts West Des Moines  
iowa trust law beneficiary legal advice

On May 15, 2019, the Iowa Court of Appeals issued an Opinion in the case of Alberhasky v. Alberhasky.  The Opinion has received national attention.  The plaintiff, Max Alberhasky, sued his father, Rodney Alberhasky, alleging that Rod breached his fiduciary duties as a trustee of assets transferred to Rod’s mother.  Rod filed for divorce in 1999.  Rod has two children, Max and Grayson.  In 2000, Rod’s mother, Allie, set up a Revocable Trust and named Rod and her daughter, JoEllen, as successor trustees.  Rod and JoEllen became co-trustees for Allie’s Trust in 2009.  In 2010, Allie’s Trust enrolled in an

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