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Iowa Questions & Answers

1 Answer | Asked in Business Formation, Tax Law and Business Law for Iowa on

Q: What is the least expensive way to buy into an LLC with regard to Iowa and federal tax cost?

Father and two siblings put farm into LLC (split 50/25/25). One of the siblings is going to nursing home and selling their membership units (25%). An agreed price has been established for units. Should the LLC buy the seller's units and then sell them to me? OR Should I buy into the LLC first? What... Read more »

D. Mathew Blackburn answered on Aug 20, 2019

You need to hire a professional. There's a few things in your question that are not correct in regards to how an LLC functions. You're going to need more detailed advice than should be given through this forum.

1 Answer | Asked in Civil Litigation for Iowa on

Q: I am the victim of a crime in which the perpetrator has filed for PCR. Is that filed document public information?

I need to know if I am able to go to the Clerk of Court and print a copy of a civil post conviction relief form filed by the perpetrator of a crime against me.

Erik Luthens answered on Aug 13, 2019

Go online to: https://www.iowacourts.state.ia.us/ESAWebApp/ESALogin.jsp and look up the case.

1 Answer | Asked in Civil Litigation for Iowa on

Q: What forms do I need to initiate a procedural due process case

The City wants to demolish my house and denied me a hearing

Erik Luthens answered on Aug 13, 2019

It is more than just filling out a form. I recommend that you immediately hire an Iowa attorney who specializes in real estate / zoning law.

1 Answer | Asked in Medical Malpractice for Iowa on

Q: Can I ask for an attorney if I go to the Emergency Room?

no

Erik Luthens answered on Aug 12, 2019

You can ask for anything that you wish; however, receiving medical treatment in an emergency room does not entitle you to an attorney (as with the situation in which one is charged with a crime and is being held in police custody).

1 Answer | Asked in Juvenile Law and Sexual Harassment for Iowa on

Q: Is it illegal for an adult to discuss sexual topics with a minor. (Not about doing things. Just the topic its self)

Like say an adult were to discuss a kink for example with a 17 year old. Just a simple topic or discussion. There is no hint of actually wanting to preform such acts one said 17 year old.

Bruce Alexander Minnick answered on Aug 8, 2019

IMO you should forget trying to find out if you can "discuss sexual topics with a minor." Why? Because you are treading into a very dangerous area where most intelligent adults on this side of prison bars do not intentionally go.

1 Answer | Asked in Criminal Law for Iowa on

Q: Is a search warrant legal if on it states that they are looking for the items listed below .but there is nothing on list

On the warrant it says that they are looking for items listed below but there is nothing listed on there at all so the came looking for stolen things but have no idea what was stolen or if anything was in fact stolen but took things that were mine from my house

William Jaksa answered on Jul 29, 2019

Sounds a little suspicious. Typically a Judge would authorize police to conduct searches in relation to specific crimes or incidents. Police don't necessarily need to provide an exhaustive list of all items that they are searching for, but should provide a summary of the types of items. What would... Read more »

1 Answer | Asked in Trademark for Iowa on

Q: How do i find out what classes to register my trademark under for a cosmetic company?

John Martin Hilla answered on Jul 29, 2019

Your best avenue to a successful Federal trademark registration is to, first, schedule a knowledgeable trademark registration attorney, and, second, to retain that attorney or another such attorney to draft your application for you, utilizing information you provide not only regarding your current... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Iowa on

Q: I live in Iowa and i am on a month to month lease. I have been here over 2 years now and always paid my rent in full

From my pocket. It's been late a hand full of times but I've always paid late fee. Recently myself and significant other ran into some hard times. We are both jobless, he is receiving his last check from unemployment, and we are unable to pay the rent this month. We went to general assistance and... Read more »

Bruce Alexander Minnick answered on Jul 25, 2019

Find a way to pay the $300 immediately. By allowing you to pay partial payments your landlord will have a difficult time explaining why he stopped doing it--right after agreeing to do the general assistance thing. It sounds like the landlord (or perhaps the owner?) does not want the hassle of... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Gov & Administrative Law for Iowa on

Q: How do I apply to be on the board for Iowa?

Tim Akpinar answered on Jul 22, 2019

It would depend on the board; there are many boards within the state that cover different areas, and each would likely have its own process, whether through appointment, election, application, or other route. Good luck

Tim Akpinar

2 Answers | Asked in Bankruptcy for Iowa on

Q: My sister is executor of the home that was left to me her and my brother. The lawyer owns my sisters 3rd of it now.

And the lawyer states we need to sale home now cause he owns a 3rd of it, because my sister filed bankrupctu

How's that work and what's my rights

Timothy Denison answered on Jul 20, 2019

Depending how he obtained yoursusters share, you and your brother will likely have to buy him out. You may need to have it appraised to determine the actual value.

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1 Answer | Asked in Criminal Law, Health Care Law, Juvenile Law and Military Law for Iowa on

Q: 14yo boy steals military explosives and tells therapist in Iowa. Does therapist tell? What's her duty?

This is a question for a test (not real life)

Peter D. Mlynek answered on Jul 19, 2019

This is a classic test question that has to do with the balance of privacy of patients vs the protection of property/health/life.

To answer this question, see Tarasoff. https://en.wikipedia.org/wiki/Tarasoff_v._Regents_of_the_University_of_California .

I think that the therapist...
Read more »

1 Answer | Asked in Personal Injury, Products Liability and Civil Litigation for Iowa on

Q: My fathers civil case trial in Iowa settled in Iowa, now can attorney get the percentage from texas no cap or iowas

In texas they have no amount or percentage capped they can get more than 33% by using texas law in Iowa we get 33% of settlement. texas also charges for court cost experts who testified traveling cost there own plain flew hear. We won was allowed to be reversed we appealed it was sent back to... Read more »

Erik Luthens answered on Jul 16, 2019

It is unclear as to what you are asking. You need to schedule an appointment (do not randomly call on the telephone) with your attorney and have him or her fully explain what is happening in your case.

1 Answer | Asked in Banking for Iowa on

Q: how do you get full financial power of attorney over someone

My grandson is high functioning autistic. He works full time and gets paid every 2 weeks. I have durable power of attorney so I can get into his bank accounts and pay bills but he will spend it all before I can get a chance to ever pay them. I may get $150 - $200 to buy groceries or pay part of his... Read more »

Bruce Alexander Minnick answered on Jul 16, 2019

If you have a durable power of attorney now that is the best you can do--short of filing an action in the circuit court seeking some sort of limited guardianship. Hire a family lawyer to help you.

1 Answer | Asked in Car Accidents for Iowa on

Q: What options are there for an individual who was involved in an auto accident but had no insurance at that time?

Peter N. Munsing answered on Jul 11, 2019

If you were at fault and facing a big claim, talk to a bankruptcy attorney unless there were no injuries and only minor damage to the car.

If you were not at fault, contact a member of the Iowa Trial Lawyers Assn or Iowa Assn for Justice for the county where it happened--they give free...
Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Iowa on

Q: I was charged with domestic abuse assault- first offense in Iowa

After sentencing my ex put a five year no contact order against me. Can I request to have this dropped?

Gary Kollin answered on Jul 11, 2019

Yes

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1 Answer | Asked in Real Estate Law and Tax Law for Iowa on

Q: I live in Iowa and have court established homestead rights, can the county I live in sell my property due to back taxes?

D. Mathew Blackburn answered on Jul 8, 2019

Under 561.1 of the Iowa Code past due taxes to the State of Iowa and Iowa counties or municipalities are specifically exempt from the homestead laws.

The county can and will auction your property to satisfy past due to back taxes.

I would suggest contacting the tax authority to...
Read more »

1 Answer | Asked in Criminal Law for Iowa on

Q: if a female single parent is charged with assault is this a justifiable reason to place children in forced foster care

both before a conviction and if there is a conviction when children were not present or witnesses, and if this alone is the reason for children to be removed forceably from the home. this is a very generalized question with no other circumstances included.

Katherine Sears answered on Jul 7, 2019

I'm sorry, you might want to ask an attorney who handles family law/custody matters. They're likely to be more familiar with DHS and whatnot. "When to place children in foster care" is not in the criminal section of the Iowa Code.

1 Answer | Asked in Immigration Law for Iowa on

Q: I am permanent resident with an 1-130 petition for my daughter her priority date is 5/7/2018 will a visa be granted soon

The petition was submitted just a few days after her 20 birthday which was May 3, 2018, so as of today she’s 21. I did receive the I-797c notice with the priority date, which is May7th 2018. So Based on the current visa bulletin of July 2019 will her case be moving anytime soon.( is she now... Read more »

Hector E. Quiroga answered on Jun 28, 2019

Your daughter’s priority date is current (that’s what the “C” means on the visa bulletin). You and your daughter should be notified soon about being able to file the visa application.

Your daughter’s age will be adjusted backward by the amount of time it took to process the visa petition.

1 Answer | Asked in Health Care Law, Medical Malpractice and Public Benefits for Iowa on

Q: What kind of lawyer do I need if an inpatient mental health facility violated their policies?

I placed my teenage daughter in an inpatient mental health facility that had strict guidelines regarding who could contact her and how. She was not allowed to have contact with anyone that I, personally did not put on her list, which was password protected by a password I chose. She could not... Read more »

Erik Luthens answered on Jun 26, 2019

Did you have a written agreement between the health care facility and you? If so, are the conditions / terms which you assert were violated specifically delineated in the agreement? How have you and / or your daughter been damaged by the health care facility’s breach of the agreement?

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