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,
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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
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
Who Needs Probate: Can’t I Avoid Probate by Listing Joint Owners?
If all of your assets have a joint owner and/or a beneficiary listed, your estate may not need to go through the court-supervised probate process. But before you rush out to make those changes on your accounts, here are some
What If the Will Isn’t Notarized? Is It A Waste of Paper?
What comes as a surprise to many people, a Will does not need to be notarized to be a valid document. It just needs to be signed by the testator and then witnessed by two individuals. That’s basically it. No
Mom Didn’t Have Very Much When She Died — Do We Need to Go Through Probate in Iowa?
“Small” can mean a lot of different things to people. One man’s small estate might be YUGE to someone else. But Iowa does describe what is a small estate for an Iowa decedent, so it doesn’t really matter what you