After 50 plus years of the practice of law, Ned P. Miller, has decided to retire from the practice effective December 30, 2022. Ned will be missed by the firm and by his clients. Ned is looking forward to retirement and plans to keep busy with his many interests. Thank you, Ned, for your long service to the practice of law. I will miss you and I wish you well on your future endeavors. — Jim Beatty
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On August 3, 2022, the Iowa Court of Appeals issued an opinion In the Matter of the Estate of Sam Vernon Elsen, deceased, Michelle Lynn Davila, Plaintiff and Chad Michael Elsen, Plaintiff-Appellant, vs. Emily Jean Elsen-Cox, individually and as Trustee of the Sam Vernon Elsen Revocable Trust and Executor of the Estate of Sam Vernon Elsen, Defendant-Appellee. Sam Vernon Elsen was born in 1946. He was the father of three children, all with his first wife Marjorie. Sam adopted Michelle who was Marjorie’s daughter from a prior relationship. Emily and Chad were born out of the marriage of Sam and
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On May 11, 2022, the Iowa Court of Appeals issued an opinion in the case of In the Matter of the Estate of Dennis R. Peterson, Deceased, Joseph Parcell, Appellant. The decedent Dennis Peterson executed a Will on August 27, 2018. The Will provided in part “I hereby give to Joe Parcell lifetime use of the 2nd and 3rd bays at 207 Collins Street… so long as he pays 35% of overhead”. The Will went on to give the residue of the estate to the decedent’s daughter, Donna Sue Peterson. The Will Appointed Donna Sue Peterson as the executor. Dennis
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On October 7, 2020, the Iowa Court of Appeals issued a Ruling in the matter of the Sandahl Trust (2017). Craig Sandahl executed the Sandahl Trust which was a Revocable Grantor Trust in 1993. The Trust was funded with substantially all of Craig Sandahl’s assets. The Trust was last restated by a document dated August 14, 2017, which was two months before Craig Sandahl passed away. The Trust distributed assets to two groups of recipients. One group was the “Descendant’s Trust” of which Craig’s children’s lineal descendants were the beneficiaries and the other group was given to the Community Foundation
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On June 12, 2020, the Supreme Court of Iowa issued a decision in the Harold Youngblut vs. Leonard Youngblut case. The case involves two brothers, Harold and Leonard Youngblut. Their parent were Earl and Agnes Youngblut. Earl and Agnes were the parents of twelve children, three of whom predeceased them. Earl and Agnes formed a corporation, Youngblut Farmland Ltd. in 1980 and transferred most of their farm assets into the corporation with the exception of farm ground in Tama County known as the “South Farm”. Both Harold and Leonard worked for the corporation until Leonard left in 1988 over a
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On September 25, 2019, the Iowa Court of Appeals issued a ruling in the Matter of the Estate of Freeman Adams. Freeman Adams died in December 2016. Dorothy Ruth Fisher, the sister of the decedent, petitioned in probate to open an intestate estate for the decedent. Ms. Fisher acknowledged that the decedent executed a Last Will and Testament in 2011 and asserted that such document was invalid due to lack of testamentary capacity or the product of undue influence, or both. Two beneficiaries of the Estate objected to Ms. Fisher’s petition. The facts of the case show that the decedent
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The Governor has recently signed Senate File 112 amending the requirements for certifications of trust. The new Act becomes effective July 1, 2019. The certification of trust must do all of the following: State that the Trust has not been revoked, modified or amended in any manner that would cause the representations in the certification of trust to be incorrect. Be signed by a currently acting trustee or the attorney of an acting trustee. Be subscribed and sworn to under penalty of perjury before a notary public as provided in Chapter 9B. The new Act is broader than the current
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On April 5, 2019, the Iowa Supreme Court issued an opinion in the case of Serena Konrardy and Carrie Rigdon n/k/a Carrie Burmeister vs. Vincent Angerer Trust and DeWitt Bank & Trust Company, as Trustee of said Trust. The Trust provided that on the death of the Trustor, equal shares would be established for each of the Trustor’s five siblings. Each share was to be placed in individual trusts for the sibling and the spouse of a deceased sibling. If both a sibling and the sibling’s spouse had died, the Trust directed the trustee to distribute the Trust share to
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