Recent Undue Influence Case in Iowa

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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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Iowa Court of Appeals Abatement Case

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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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New Law Regarding Certification of Trust

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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  The certification of trust must do all of the following: State that the Trust has not been revoked, modified or amended in any manner that would cause the representations in the certification of trust to be incorrect.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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