Recent Articles

Ancilliary Probate in Iowa - Out of State Resident

Matt Gardner
August 01, 2008 02:09

If a non-Iowa resident dies while owning property in the state of Iowa (or other states for that matter) will need to go through a process called "ancillary estate administration". It is necessary to have the probate proceedings started in the state where the decedent resided (called domicillary...

Guardianship and Conservatorship Proceedings in Iowa

Matthew Gardner
June 06, 2008 02:59

If someone is unable to take care of their own well-being and their finances, it may be necessary to establish a guardianship and conservatorship for them. A guardian is appointed by the court, after someone requests to be appointed, to oversee the health and well-being of an individual. On an...

Samantha Kain Joins Sullivan & Ward, P.C.

Matthew Gardner
June 06, 2008 02:43

Samantha Kain has joined Sullivan & Ward, P.C. law firm as an associate. Samantha is a December 2003 graduate of Drake Law School and practices in the areas of family law, real estate and estate planning.

Iowa Enacts Final Disposition Directives Act

Matthew Gardner
May 14, 2008 02:59

Following a controversial decision by the Iowa Supreme Court and after some wrangling in the Iowa legislature, Governor Chet Culver signed SF 473 into law on April 11, 2008. Effective July 1, 2008, this new chapter to the Iowa Code (chapter 144C) authorizes an individual to designate an individual...

Testamentary Trusts in Iowa

Matthew Gardner
May 10, 2008 04:25

Joel Schoenmeyer has a good post on testamentary trusts on his Death & Taxes blog. Many clients think of estate planning in terms of either having a trust or a will. In fact, a testamentary trust plan involves both concepts. For those individuals that are not comfortable with the revocable...

What to Do When Someone Dies in Iowa

Matthew Gardner
April 29, 2008 05:28

Besides taxes, the other sure thing in life is that it comes to an end eventually. A common question becomes "what's next?" (I'll skip the whole afterlife heaven and hell discourse and stick to the worldly issues.) And of course you have the whole "what to do with the body issue".Depending on...

National Health Care Directives Day

Matthew Gardner
April 25, 2008 04:20

I missed it last week, but April 16th was National Healthcare Decisions Day 2008. Most people have an opinion on what type of medical treatment they would receive if they had the opportunity to visit with their healthcare provider. It certainly makes sense that one would want to establish ahead...

Making a Revocable Trust Work Right

Matthew Gardner
April 13, 2008 19:13

John Dedon of Dedon On Estate Planning has a good summary on some key issues to keep in mind after you establish your revocable trust. One of the key advantages of a revocable trust plan is the capability of your estate to stay out of probate. While there are advantages and disadvantages to each...

Listing of Assets in Iowa Probate

Matthew Gardner
March 21, 2008 03:43

Over at the Iowa Law blog, I have a post about the listing of assets in the Iowa probate process. This public listing requirement (called a "report and inventory") exposes financial information. The use of the revocable trust can avoid this financial exposure.

Heath Ledger Should Have Listened to Me

Matthew Gardner
March 12, 2008 03:45

I've said it before and I'll say it again: If you have significant changes in your life, such as marriage, birth of a child, or a death, you need to review your estate plan. Unfortunately, as I've noted on the Iowa-Lawblog, Heath didn't heed my advice and failed to provide for his young daughter,...