Creditor Has No Claim to Wrongful Death Claim Settlement

On June 30, 2022   /   Elder Law West Des Moines, Estate & Trust Administration, Estate Planning West Des Moines, Legal Resources West Des Moines, Will & Trusts West Des Moines  
creditor claims

On June 15, 2022, the Court of Appeals of Iowa issued an opinion in the matter of the Estate of Kevin L. Barz, Brad Staley and Susan Staley, Appellants (No. 21-0563). The case involves Kevin Barz and his spouse who both died in a motor vehicle accident. The Barz’s were survived by three children who were the co-executors of the estate. The co-executors filed a wrongful death action against the tortfeasor and his insurance company. A settlement was reached with the tortfeasor for $622,264.15. The settlement provided that it “was paid solely as compensation for the individual loss of consortium”.

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Conservator’s Authority to Enter into Farm Leases

On July 26, 2021   /   Business Law West Des Moines, Contract Law West Des Moines, Corporate Law West Des Moines, Estate & Trust Administration, Legal Resources West Des Moines, Real Estate Law West Des Moines, Will & Trusts West Des Moines  
conservators authority farm lease iowa

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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Iowa’s New Elder Abuse Act

On November 3, 2014   /   Elder Law West Des Moines, Estate & Trust Administration, Estate Planning West Des Moines, Legal Resources West Des Moines, Will & Trusts West Des Moines  
elder care abuse act iowa

A new Act was passed in 2014 dealing with elder abuse. The new Act defines elder abuse as any of the following: 1. Physical injury to or injury which is at a variance with the history given of the injury or unreasonable confinement, unreasonable punishment, or assault of an vulnerable elder by a person. 2. The commission of a sexual offense under Chapter 709 or Section 726.2 with or against a vulnerable elder. 3. Neglect which is the deprivation of the minimum food, shelter, clothing, supervision, or physical or mental health care, or other care necessary to maintain a vulnerable

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