It isn’t uncommon to be discussing an estate plan with a client on beneficiaries of their estate plan and they will mention that they want to leave a gift to a sibling, or a nephew/niece, or a friend, or
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Will Contests in Iowa Before Death? Nope.
Check out my post on the pre-mortem will contest on the Probate-Iowa blog. Too tired to click and just want the short answer? Can’t do it in Iowa. Have to wait until the person dies before you challenge the will.
Will Contest Before Death? Not in Iowa.
The Iowa Supreme Court recently dealt with the question of a “pre-mortem” will contest. Will contests are typically filed after the person (testator) has died. For example, typical will challenges are based on lack of testamentary capacity or undue influence,
Selling Real Estate During Probate
When I’m discussing the probate process with a client, the discussion will get to a point where we talk about how the process may take a year or so before it is completed. And then I get the question:
You
Do Assets with Beneficiaries Go Through Probate?
That’s a common question I get. Here’s the example: we are handling the probate estate for a deceased individual and we are discussing the assets: house, bank account, CD, car, etc. Then we also inquire about retirement accounts (IRA or
New Law for Iowa Small Estates Starting July 1, 2020
For deaths of Iowa residents that occur after July 1, 2020, Iowa law now permits estates up to $200,000 in total “probate” value to use Iowa’s small estate chapter (Iowa Code chapter 635). So–as I typically ask–what does
Cheated Out of an Inheritance? Better Stay on Your Toes If You Want to File a Lawauit.
As I discuss in more detail on the post on my Iowa probate blog, a recent ruling from the Iowa Supreme Court significantly changes the time period in which to bring a lawsuit for interference with inheritance. In short:
BIG Changes to Iowa’s Intentional Interference with Inheritance Claims
Following a ruling from the Iowa Supreme Court issued June 12, 2020 in the Estate of Youngblut, cheated heirs now need to be aware of some very short deadlines to bring a claim. BE AWARE.
Will Contests Generally
If
Overview of the Probate Process for an Iowa Estate
Overview of the probate process in Iowa
The post Overview of the Probate Process for an Iowa Estate appeared first on Probate in Iowa.
I’m Fine With Inheriting Assets, But What About the Debts?
Another common question we hear is concern about “inheriting” the debt of a deceased individual. That doesn’t happen in the probate process, but a broader explanation is necessary.
Probate involves dealing with assets AND debts. For example, notice is given