Gifted and Inherited Assets in a Divorce Case

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On December 21, 2022, the Court of Appeals of Iowa issued an opinion in the case of In Re:  The Marriage of Derek W. George and Debra A. George, and Upon the Petition of Derek W. George, Petitioner-Appellee, and concerning Debra A. George, Respondent-Appellant (No. 21-1998). Derek and Debra were married in 1998 and had four children.  The District Court made a finding of the pre-marital assets of Debra which consisted of gifted and inherited assets.  The District Court concluded that Debra’s inherited and gifted funds “became so invested in marital assets that the Court could not fully compensate her

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Probate Court Jurisdiction

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On February 8, 2023, the Iowa Court of Appeals issued an opinion In the Matter of the Estate of Mark D. Levine, Margarita Cervera Levine, Appellant, vs. Sara Lunn Keown, Appellee (No. 22-0654).  Mark Levine died intestate in the country of Belize on February 8, 2021.  Mark owned a joint interest in a mobile home and adjoining real estate in Polk County, a condominium in Belize, along with various bank and investment accounts. Mark married Margarita Cervera Levine in September of 2020, in Belize.  Mark had an adult daughter Sara Keown who resides in Polk County Iowa.  After the marriage,

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Beneficiary Assignment of Spendthrift Trust Interest

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On July 21, 2001, the Iowa Court of Appeals issued an opinion in the case of A.Y. McDonald Industries, Inc. vs.  Michael B. McDonald, No. 20-0766 (Iowa Ct. App. July 21, 2021). The Defendant, Michael B. McDonald, began his employment with the Plaintiff in 1983.  During the time Michael was the manager of payroll for executive compensation, he misappropriated significant Company funds to himself.  Due to the misappropriation, he was terminated in May 2012.  Later in 2012, Michael signed a Restitution Agreement and promissory note to repay the Plaintiff the amount of $2,538,500.  Pursuant to the Restitution Agreement, Michael was

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