House File 232, which was discussed in my article of last month was signed by the Governor on June 1, 2023. Said bill also amends Section 633.555 to provide that in situations where a conservator has not been appointed for a minor, property due to a minor, not exceeding the aggregate of $50,000.00, shall be…
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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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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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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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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 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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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
More Legal News & Information... →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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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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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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