Be Wary of Transfer on Death and Payable on Death Accounts

The use of transfer on death and payable on death registrations for bank and investment accounts has increased dramatically.  Banks and investment firms are pushing their clients to sign the forms claiming that the forms will eliminate the need for probate administration. Chapter 633D of the Iowa Code deals with transfer on death registrations which applies to investment accounts.  The Act allows the owner to designate the beneficiary of the account in the event of the owner’s death.  The beneficiary form may be cancelled or changed at any time by the owner without the consent of the beneficiary.  The Act

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Supreme Court Case on Iowa Inheritance Tax Exemptions

inheritance tax code iowa

The Iowa Supreme Court, on November 17, 2017, issued an opinion interpreting a definition utilized in an inheritance tax exemption.  The Court points out that for many years prior to 1997 the Iowa inheritance tax had an unlimited exemption for any share of the estate passing to the surviving spouse, limited exemptions for lineal descendants and lineal ascendants and no exemption for step-children.  In 1997, the Legislature eliminated inheritance tax on property passing to parents, grandparents, great grandparents, children, stepchildren, grandchildren and great grandchildren among others.  In 2003, the Legislature added a definition for “stepchild” which defined “stepchild” as the

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Understanding Continuation of Restrictive Covenants

real estate covenant

Many residential developments (homes, condos and townhomes) have restrictive covenants which set out restrictions regarding the use of properties located in the development.  Most restrictive covenants set forth the term of years that the restrictive covenants will be in effect.  As set out below, such terms do not always apply to restrictive covenants that are also “use restrictions”. Chapter 614.24 of the Iowa Code was initially adopted in 1965 and provides for the termination of all “use restrictions” on a property after a period of 21 years.  The term “use restrictions” has never been defined in the Code until the

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What is a Revocable Living Trust?

revocable living trust, living trust, estate planning des moines iowa

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.

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Answers on Iowa’s Final Disposition Act

caring for the body after death

In the course of managing the estate for yourself or a loved one, the specifics surrounding disposition is often confusing. Iowa law provides detailed answers, but after the death of an individual, family members and friends are often concerned with consoling one another and paying respects to the deceased. Burial, cremation, and other details need to be fully defined through proper estate planning procedures. For your convenience, we’ve put together a comprehensive overview of the Iowa Code for Disposition. Chapter 144C of the Iowa Code, which was enacted in 2008, sets forth the Final Disposition Act which allows a person

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Recordkeeping: A Blissful Task or Cursed Undertaking?

recordkeeping west des moines iowa

What is it about Recordkeeping that makes it so difficult to do at times? As I get into the topic of recordkeeping, I learned that it is a much broader topic than this Blog has time to address. Recordkeeping addresses an array of matters for which records are created. In my opinion, there are two significant elements of recordkeeping, they are the emotional side (how I feel about recordkeeping) and the reasoning side (what I think about recordkeeping). First, I want to address the emotional side. Is it fun to do? Is it tedious to do? Do I feel rewarded

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De Minimis Safe Harbor Expense Threshold

business taxes, business tax deductions, deduction limits, business expense threshold limits, De Minimis Safe Harbor Expense Threshold

On November 25, 2015, the IRS issued a Notice increasing the De Minimis Safe Harbor Threshold for deducting certain capital expenses from $500.00 to $2,500.00.  The new limit goes in effect on January 1, 2016.  The De Minimis Safe Harbor Expense Threshold is applicable to any type of business entity: a C Corporation, an S Corporation, an LLC, or any type of partnership, and Schedule C (Profit or Loss from Sole Proprietorship), Schedule E (Supplemental Income and Loss from Rental Real Estate), Schedule F (Profit or Loss from Farming) and Schedule 4835 (Farm Rental Income and Expenses).   We are recommending

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Distribution of Property by Affidavit

Distribution of Property

Section 633.356 of the Iowa Probate Code sets forth a provision that is often overlooked by the estate planning professionals. The provision sets forth a method to avoid probate of an estate in an item of personal property involved is valued at $25,000.00 or less. For example, a person may die with a house titled in joint tenancy with their spouse and have a life insurance policy to their spouse but have a bank account in their individual name. The house passes to the surviving spouse outside of probate due to the fact that the asset is held in joint

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Real Estate Law – Sell Your Home By Yourself

home sales by owner des moines real estate lawyer

Spring has finally arrived and sales of homes are picking up. Most homeowners opt to list their homes with a realtor. The commission due to a realtor on the sale of a home is generally seven percent (7%) of the sales price. This can be a significant expense. For example, the 7 percent commission on the sale of a $250,000.00 home is $17,500.00. Another option is to list your home for sale by yourself and to retain an attorney to assist you with the sale. The attorney can assist by preparing the various disclosures which are required to be provided

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Directives Often Overlooked In Estate Planning, Wills, and Trusts

estate planning

Much has been written about the importance and benefits of a person having a Will or a Revocable Trust for the disposition of his or her assets, a Statutory Power of Attorney (Financial Power of Attorney), a Medical Power of Attorney, and a Declaration Concerning Life Sustaining Procedures (a Living Will). There are two other estate planning directives that often get overlooked. They are: A Testamentary Letter; Final Disposition of a Person’s Body. Iowa Code Chapter 633.276 makes provisions for a person who desires to make a specific bequest of tangible personal property may do so by signing what I

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