New Iowa Supreme Court Case – Estate Planning & Statute of Limitations

On September 28, 2020   /   Business Law West Des Moines, Estate & Trust Administration, Estate Planning West Des Moines, Legal Resources West Des Moines, Real Estate Law West Des Moines, Will & Trusts West Des Moines  
iowa real estate law contract

On June 12, 2020, the Iowa Supreme Court issued a ruling in the case of In The Matter of the Estate of Sandra R. Franken, John E. Rottinghaus and Dessie Rottinghaus vs. Lincoln Savings Bank, Fiduciary of the Estate of Sandra R. Franken.  Said Ruling was amended on August 17, 2020. In 1973 the Rottinghauses sold real property of Dessie to Sandra and James Kipp, as joint tenants with full rights of survivorship.  The deed granted the Rottinghauses a first right of refusal which stated as follows: Grantees hereby agree that they will not sell or otherwise convey the premises

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Insights from a Recent Living Trust Case

On August 28, 2020   /   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  
living trust iowa lawyer

On July 22, 2020, the Iowa Court of Appeals issued a ruling in the matter of the Inman Family Living Trust (No. 19-1045).  Leland and Ella Mae Inman executed the Inman Family Living Trust in 2014.  In 2016, Leland passed away.  The Trust provided that the trustees possessed the powers, rights and discretion set forth in the Iowa Code; that the trustees are authorized to determine fairly and equitably the manner of ascertainment of income and principal and the allocation of all receipts and disbursements to income and principal accounts; and that the Trust shall be governed in accordance with

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Opinion Issued on “No-Contest” Provision

On September 27, 2018   /   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  
last will and testement no-content

The Iowa Court of Appeals recently issued an opinion involving a will that contained a “no-contest” provision.  The will in question contained a “no-contest” provision which provided that if any beneficiary under the will contests the validity of the will by filing suit against the executor, any share to such beneficiary under the will is revoked and shall be disposed of in the manner provided under the will if the contesting beneficiary and all descendants of that beneficiary have predeceased the testator. After the testator’s death, a beneficiary under the will filed a petition to set aside the will based

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