Many clients inquire as to the process to donate one’s body to the University of Iowa for scientific purposes. In order to be effective, the University of Iowa requires that a Deed of Disposition of Body for Scientific Purposes be on file with the University prior to an individual’s death. The Deed of Disposition of Body for Scientific Purposes can be executed by a person who is 18 years of age and competent. The University retains the right to not accept the body if it is not appropriate for their needs. The family of the donor or the estate of
More Legal News & Information... →My blog articles for the past two months have dealt with Power of Attorneys for Health Care Decisions and Living Wills. Both documents contain a paragraph dealing with organ donation. If you check yes, you are indicating that in the event medical professionals determine that you are an organ donor, you agree to the use of life-sustaining procedures, including a ventilator for the sole purpose and time period required to complete the organ donation. It is my experience that many clients who come to my office to discuss estate planning have not considered the option of becoming an organ
More Legal News & Information... →Last month I discussed in detail Living Will documents which are used to insure the rights and desires of terminally ill or comatose individuals are honored. This month I will focus on Powers of Attorney for Health Care Decisions and how they work with Living Wills. If a person is unable to make health care decisions and does not have a Power of Attorney for Health Care Decisions, it is necessary to file a Petition for Appointment of Guardian with the Iowa District Court to appoint a Guardian to make health care decisions and decisions as to where the individual
More Legal News & Information... →Iowa law allows for individuals to execute Living Wills to insure that the rights and desires of terminally ill or comatose individuals are honored. The document takes the decision making burden away from your family members. Your physician will make sure your desires are accomplished. Pursuant to the Living Will, you direct your physician to withhold life-sustaining procedures in the event you have an incurable or irreversible condition that will result in death within a relatively short period of time or a state of permanent unconsciousness from which, to a reasonable degree of medical certainty, there can be no recovery.
More Legal News & Information... →This month I want to introduce you to the Revocable Living Trust which is also known as a Revocable Trust, Living Trust, or Inter Vivos Trust. A Revocable Living Trust is a document which is used to manage one’s property during life and to distribute one’s property at the time of death. The person who creates the Trust is referred to as the trustor, grantor or settlor. The person who holds the property and who is in charge of the management of the Trust is the trustee. The individuals and entities which receive distributions from the Trust are the beneficiaries.
More Legal News & Information... →A question that always comes up when I meet with new Will clients is how to handle distribution of one’s personal property. One option is to direct your executor to divide your personal property equally among a group of individuals. The Will can provide that the executor makes the decision as to what property goes to what individual or can provide that the individuals decide among themselves as to what property goes to what individual. Both options can cause problems. If a child is also acting as executor, the decisions made by said child on how to distribute personal property
More Legal News & Information... →The words “death taxes” were created by persons (politicians) without defining the meaning or definitions of the words when they are spoken or written. I will try to bring meaning to the words “death taxes.” The event of death can cause two separate and distinct taxes. They are: A Federal estate tax and A State’s inheritance tax First the Federal estate tax is imposed on assets of a decedent’s estate over which he/she have title, ownership, dominion or control and have a net value of greater than $5,430,000 (called the Applicable Exclusion Amount) for deaths that occur in the year
More Legal News & Information... →Our clients frequently ask us for advice on how long they need to attain their various records. Often times, the requirements for records retention varies based on the circumstances. For the benefit of our clients as well as you, our readers, the table set forth below will give some general guidelines for record-keeping and documentation. If you have additional questions pertaining to the documentation of legal records or have questions concerning another legal matter, please don’t hesitate to call us – 515-225-1100. By James D. Beatty.
More Legal News & Information... →After you have recovered from a near-death experience, what are some tasks/things you might want to consider doing promptly (not prioritized except for the first task to do). Call your mother/father assuming they too have recovered from your near-death experience. Call your favorite teacher/athletic coach/mentor and tell him/her or them how much you have appreciated her/him or them (you may need to assume that she/he or they remember you). Invite your closest friend(s) to your home and share a bottle of really good wine or really really good Scotch with her/him or them. Go to that favorite quiet place in
More Legal News & Information... →By James D. Beatty Many clients we meet with within Des Moines, West Des Moines, Urbandale, Johnston, Ankeny, Altoona, Carlisle and Norwalk, have an incorrect belief that their Will determines who will inherit all of their assets. Many assets do not pass under a person’s Will. For example, life insurance policies and retirement accounts are typically paid on death to the persons named on the various beneficiary designations on file with the companies. Also, accounts titled as “transfer on death” or “payable on death” will also pass on death to the beneficiaries named on the accounts. Finally, assets which are
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