Probate Court Jurisdiction

On April 6, 2023   /   Estate & Trust Administration, Legal Resources West Des Moines, Probate Law West Des Moines, Will & Trusts West Des Moines  
iowa lawyer for prenuptual agreement

On February 8, 2023, the Iowa Court of Appeals issued an opinion In the Matter of the Estate of Mark D. Levine, Margarita Cervera Levine, Appellant, vs. Sara Lunn Keown, Appellee (No. 22-0654).  Mark Levine died intestate in the country of Belize on February 8, 2021.  Mark owned a joint interest in a mobile home and adjoining real estate in Polk County, a condominium in Belize, along with various bank and investment accounts. Mark married Margarita Cervera Levine in September of 2020, in Belize.  Mark had an adult daughter Sara Keown who resides in Polk County Iowa.  After the marriage,

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Transfer of Joint Tenancy with Right of Survivorship Property to Revocable Trust

On February 27, 2023   /   Contract Law West Des Moines, Elder Law West Des Moines, Estate & Trust Administration, Estate Planning West Des Moines, Probate Law West Des Moines, Will & Trusts West Des Moines  
wills and trusts in iowa

On January 27, 2023, the Supreme Court of Iowa issued an opinion in the matter of Richard Grout as Trustee of the Helen Schardein 2018 Revocable Trust v. Dan R. Sickels (No. 21-0556).  In the Spring of 2014, Helen Schardein, who was in her nineties, purchased a lake lot at Sun Valley Lake for $85,000.00 and titled it in joint tenancy with right of survivorship, with Dan R. Sickels, who provided various services to her.  Helen had worked as a real estate broker and abstractor.  Dan met Helen in 2012, and performed work on Helen’s rental properties and assisted her

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Recent Undue Influence Case

On January 26, 2023   /   Elder Law West Des Moines, Estate & Trust Administration, Estate Planning West Des Moines, Legal Resources West Des Moines, Probate Law West Des Moines, Will & Trusts West Des Moines  
iowa court of appeals undue influence case

On November 2nd, 2022, the Iowa Court of Appeals issued an opinion in the matter of the Estate of Helen M. Halter, Deceased, v. Kim Barber, Appellant. The case involves the Estate of Helen M. Halter. Judy Conn is Helen’s daughter in law, and she was married to Bruce Halter until his death in 1982. Judy’s son, Chad Halter, is Helen Halter’s only living grandchild. The other parties in the case are Phyllis Green, who is Helen Halter’s half-sister and the daughter of Phyllis, Kim Barber. In May of 2013, Helen Halter executed her Last Will and Testament, a General

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Recent Undue Influence Case in Iowa

On August 29, 2022   /   Estate & Trust Administration, Estate Planning West Des Moines, Legal Resources West Des Moines, Will & Trusts West Des Moines  
iowa trust law beneficiary legal advice

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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Creditor Has No Claim to Wrongful Death Claim Settlement

On June 30, 2022   /   Elder Law West Des Moines, Estate & Trust Administration, Estate Planning West Des Moines, Legal Resources West Des Moines, Will & Trusts West Des Moines  
creditor claims

On June 15, 2022, the Court of Appeals of Iowa issued an opinion in the matter of the Estate of Kevin L. Barz, Brad Staley and Susan Staley, Appellants (No. 21-0563). The case involves Kevin Barz and his spouse who both died in a motor vehicle accident. The Barz’s were survived by three children who were the co-executors of the estate. The co-executors filed a wrongful death action against the tortfeasor and his insurance company. A settlement was reached with the tortfeasor for $622,264.15. The settlement provided that it “was paid solely as compensation for the individual loss of consortium”.

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Iowa Court of Appeals Abatement Case

On May 27, 2022   /   Estate & Trust Administration, Probate Law West Des Moines, Will & Trusts West Des Moines  
iowa real estate law contract

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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Divorced Husband’s Failure to Remove Former Spouse as Beneficiary of Retirement Plan

On April 29, 2022   /   Estate & Trust Administration, Estate Planning West Des Moines, Legal Resources West Des Moines, Will & Trusts West Des Moines  
iowa lawyer for prenuptual agreement

On April 13, 2022, the Iowa Court of Appeals entered its opinion in the case of University of Dubuque v. Sharon Fairchild and Robilyn G. Cowart (No. 21-0216). Richard Cowart was employed by the University of Dubuque beginning in January of 1998. His spouse at that time, Sharon Cowart, was named as his beneficiary on his TIAA and CREF Retirement Annuity Contracts. Richard and Sharon were divorced in June of 1998. In the divorce case, Sharon signed a stipulation providing that “I, Sharon Cowart, relinquish any claim to any savings accounts, securities, retirement fund, or inheritance due to or belonging

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Iowa Supreme Court Case on new Guardianship Act

On February 2, 2022   /   Estate & Trust Administration, Estate Planning West Des Moines, Legal Resources West Des Moines, Will & Trusts West Des Moines  
iowa guardianship law

On January 14, 2022, the Iowa Supreme Court issued an Opinion in the Matter of the Guardianship of L.Y.  The case is the first interpretation of the new Guardianship Act which went into effect on January 1, 2020. The case involved young parents who consented to a temporary guardianship for the paternal grandparents to serve as guardians of their five-year-old daughter so that the daughter could be placed on the grandparents’ medical insurance and easily travel with them on vacation.  The guardianship was also to provide an opportunity for the parents to complete their divorce and to establish stable lives. 

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Apple Legacy Contact Designation

On December 28, 2021   /   Estate & Trust Administration, Estate Planning West Des Moines, Legal Resources West Des Moines, Will & Trusts West Des Moines  
Apple Legacy Contact Designation

In the past it has been difficult to access a deceased individual’s iCloud account on death.  It has also been impossible to unlock a decedent’s iPhone without knowing their passcode. To solve this issue, Apple has begun a new contact legacy program allowing a person to designate up to five persons as legacy contacts.  The individuals named are allowed to access the data and personal information stored in the iCloud upon death.  The new program requires proof of death along with an access key.  The designation is available in the iOS 15.2 update.  You can find the new legacy contact

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Tortious-Interference-With-Inheritance Claim

On September 27, 2021   /   Business Law West Des Moines, Estate & Trust Administration, Estate Planning West Des Moines, Legal Resources West Des Moines, Will & Trusts West Des Moines  
Distribution of Property

On June 11, 2021, the Iowa Supreme Court issued an opinion in the case of David Buboltz and Donna Reece, vs. Patricia Birusingh, Estate of Cletis C. Ireland, and Kumari Durick. Cletis Ireland died in March 2016 at age 92.  She was an only child, was never married, and had no children.  At the time of her death she owned a family century farm on which she had resided most of her life.  In 2001, the decedent executed a Will that divided her farm in equal shares to David Buboltz, a farmer who had cash rented eighty acres of the

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