Iowa Questions & Answers by Practice Area


Iowa Questions & Answers

Q: Is a business in Iowa obligated to pay out accrued PTO if an employee leaves the company?

1 Answer | Asked in Employment Law for Iowa on
Answered on Jul 10, 2017

It depends on a few variables. My website includes several articles about PTO payouts upon termination. They might help you decide whether your employer's acting legally.
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Q: Bed bug infestation from rental furniture do I have a case

1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for Iowa on
Answered on Jul 7, 2017

Yes, but it's on you to prove the bed bugs came with or from the furniture and not from a guest, etc.
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Q: Can I post a free Lord of the Rings themed game on the internet without infringing copyright?

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Iowa on
Answered on Jun 23, 2017

While I am a big fan of Tolkein and gaming, I don't think posting your game online is wise without talking to an attorney first. Whether you potentially infringe on any copyright or trademark interest that Middle-earth Enterprises a/k/a The Saul Zaetz Company (which seems to own the worldwide exclusive rights to many of the elements of Lord of the Rings and the Hobbit) will depend on what exactly is included in the game that was borrowed from Tolkein's universe.

If you have a great...
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Q: i have a pending asylum case in baltimore court, can i file for work authorization for my husband?

1 Answer | Asked in Immigration Law for Iowa on
Answered on Jun 20, 2017

No. It sounds like you are in removal proceedings and have no status.
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Q: Q: Both my aunt and only cousin passed away, cousin in 2005, aunt in 2006. I am the only living relative and in wills.

1 Answer | Asked in Estate Planning, Family Law and Legal Malpractice for Iowa on
Answered on Jun 19, 2017

If there were a TRUST at the time of passing, the successor Trustee should have managed this -- it would NOT have gone through or been the responsibility of the Estate representatives.

This highlights the importance of people keeping their records in order to insure their heirs will know what to be looking for and what to expect! If the accounts were 'drained' by administrative expenses, the Trustee MAY be responsible for that oversight, but you would have to show they SHOULD HAVE...
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Q: My vehicle was rear ended and I have received two tears in my rotator cuff area that will require surgery. should i get

2 Answers | Asked in Personal Injury for Iowa on
Answered on Jun 15, 2017

You absolutely need an attorney for injuries that significant. Otherwise the insurance company will just bat you around and try to walk you into an unfair settlement. I wrote about the risks of handling your own injury claim here: https://erbelaw.wordpress.com/2010/07/28/dealing-with-the-other-driver%E2%80%99s-insurance-company-in-car-crash-cases/
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Q: Tire shop repair caused me to lose my entire wheel on the freeway, now they won't give me their insurance info.

1 Answer | Asked in Products Liability, Car Accidents, Insurance Bad Faith and Insurance Defense for Iowa on
Answered on Jun 13, 2017

Call a member of the Iowa Assn for Justice--they give free consults. You may have to handle this yourself as you weren't injured. You need any bolts that sheared, the tire and rim that went etc.
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Q: My mother passed away. I just got a probate paper of her estate for her house. How likely can I get it from her husband?

1 Answer | Asked in Probate for Iowa on
Answered on Jun 6, 2017

You need to hire a local probate attorney to review the paperwork and provide you advice.

The status will differ depending on whether or not there was a will, if property was jointly or solely owned and a plethora of other 'minor' differences that you shouldn't get into in a forum like this.

Seek local legal help, and file an appropriate response based on the situation.

-- This answer is offered for informational purposes only and does not constitute legal advice or...
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Q: Do you use your gross or net wages when calculating lost wages in Iowa for car accident insurance claim

1 Answer | Asked in Car Accidents for Iowa on
Answered on May 12, 2017

Net wages for a W-2 employee.
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Q: Iowa. Ex left state with children. No court custody arrangement. I'm on the birth Certificates. What to file?..No money

1 Answer | Asked in Family Law and Child Custody for Iowa on
Answered on Apr 28, 2017

There are resources available to help you. For starters, the Iowa Judicial Branch has forms available for folks to represent themselves. Link: http://www.iowacourts.gov/For_the_Public/Representing_Yourself_in_Court/DivorceFamily_Law/Forms/index.asp Also, the Iowa State Bar Association has a number of programs and associations available. Link: http://www.iowabar.org/?LegalAssistance Also, Iowa Legal Aid has the Volunteer Lawyers Program that connects pro bono lawyers with folks needing...
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Q: the respondent did not answer divorce. what do I file next.

1 Answer | Asked in Divorce for Iowa on
Answered on Apr 28, 2017

The procedure for a 'Default' (wherein the other person doesn't file an answer within 20 days after being served the Petition and Original Notice), is found in the Civil Procedure Rules. Here is a link to those Rules: https://www.legis.iowa.gov/docs/ACO/CR/LINC/04-28-2017.chapter.1.pdf Take a look specifically at Rules 1.971 - 1.977.
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Q: If items are in my fathers name and my name, can his wife take those items in a divorce?

1 Answer | Asked in Divorce and Family Law for Iowa on
Answered on Apr 27, 2017

Your step-mother may, or may not, be able to take the items that are listed in yours and his names. It depends on when the item was purchased, and how title to that items got into your and his names. If the item was purchased before he and your stepmother were married, then it is 'pre-marital' property, and he will get to retain that item.

There are many things involved in preparing to dissolve a marriage. Your father should seek the advice of an attorney about specific items in...
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Q: Can the employers insurance company end my permanent partial/ unscheduled injury payments without any indication

1 Answer | Asked in Workers' Compensation for Iowa on
Answered on Apr 27, 2017

Did you receive the Auxier Letter advising thirty days before the termination your benefits would end? Did you return to work? Did the doctor indicate you've reached MMI? Were you released to return to work? Need more information, otherwise everyone is just guessing.
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Q: I just started the process of going to become a US citizen. They said it would take 10 months to a year.

1 Answer | Asked in Immigration Law for Iowa on
Answered on Apr 24, 2017

The general rule is that if you file for NATZ 6 months before the expiration date of your green card you do not need to renew. If you filed with less time on your card then you need to renew it.
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Q: Can a company go against doctor order for the air conditioner

1 Answer | Asked in Personal Injury and Landlord - Tenant for Iowa on
Answered on Apr 21, 2017

Depends on the law in your state regarding group homes and the agreement with whoever placed you there. I would go to the agency that placed you with them.
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Q: I am considering a commercial real estate lease in Iowa. The Landlord's attorney will not put just my business name.

1 Answer | Asked in Contracts, Business Law and Landlord - Tenant for Iowa on
Answered on Apr 20, 2017

Unless Iowa-specific state statutes or court decisions say otherwise, a landlord or other creditor is entitled to ask for a personal guarantee from a corporation's principals. You are also entitled to say no.
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Q: I have a horse that was injured at a horse show in the wash racks. There was a sizeable drain cover that moved.

1 Answer | Asked in Products Liability and Personal Injury for Iowa on
Answered on Apr 17, 2017

What they mean is did they have "notice" that the racks weren't stable or secured? This depends on how they looked.

Also depends on what your contracts were etc. Contact a member of the Ia. Assn for Justice --they give free consults.

If it's the type of thing that was obvious to the eye, then yes. Depends who was with the horse, many other factors.
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Q: My husband had previously worked under other identity, I want to petition for his papers, will this affect the process?

1 Answer | Asked in Immigration Law for Iowa on
Answered on Apr 11, 2017

Using a false identity or someone else identity is fraud. Your husband is forgiven for working without authorization when adjusting through a USC spouse. However, he is not forgiven for fraud. If the facts are discoverable than he may need a fraud waiver to adjust.
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Q: I am the POA of mother's estate, I requested to withdrawal her IRA after they verified she died in the process now they

1 Answer | Asked in Estate Planning for Iowa on
Answered on Apr 7, 2017

Your question is unclear. Did YOU as her PoA attempt to withdraw BEFORE she died? Then the process would have required only your signature. If she was ALREADY deceased when you made this attempt, then either the beneficiaries (if named) on the account will all need to contact the management company to receive their share, or an estate will need to be opened (if there were no beneficiaries named) so that the money can be distributed as a part of Probate.

A local attorney will be able to...
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Q: My car fell off tow truck because they didn't hook up correctly. The car hit me should i sue

3 Answers | Asked in Car Accidents and Personal Injury for Iowa on
Answered on Apr 7, 2017

That all depends. Were you injured? Did you receive medical care? Is your injury significant enough to actually make it worth the time and expense involved? Did it require surgery? Did you have a broken bone or just hit your funny bone? Answer those questions and I can answer yours.
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