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Iowa Questions & Answers
1 Answer | Asked in Estate Planning and Foreclosure for Iowa on
Q: If a property that was deeded to me prior to the death of the mortgage holder is being foreclosed on, am I responsible?

Is the estate holder responsible for the debt?

Nina Whitehurst
Nina Whitehurst answered on Apr 12, 2021

You are not PERSONALLY responsible for paying the mortgage, but if you don’t pay it the lender can foreclose. Also, given that the decedent transferred the property to you prior to death, it is not part of his or her estate. The transfer removed the property from the decedent’s estate and was... Read more »

1 Answer | Asked in Real Estate Law for Iowa on
Q: If my name is on the deed to a property with my x boyfriend can I ask for half of the equity to sign off?

my name is not on the mortgage and I have not lived there in the last 5 years.

Anthony M. Avery
Anthony M. Avery answered on Mar 29, 2021

You certainly can demand consideration for your conveyance. But you have not stated the exact estate you have. If the agreed monies are not provided to you, do not sign. The other owner could file a Partition Action against you to sell the property.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Iowa on
Q: Do I have to sell my home if co-owner wants to sell.

I was awarded the property in my devorce. Former friend Co signed for a loan for $63,550 5 years ago. To pay off the existing $35,000 and repairs to the home .

he want to sell it with him getting. 1/2 after I refused marrage to him.

Its all I have . Iam on disability.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 28, 2021

Yes. In this situation either owner can force the other owner to sell the property. It is called an action for partition.

1 Answer | Asked in Immigration Law for Iowa on
Q: Do I need to refile for 864? Green Card Interview in 3 weeks.

My wife applied for aos, I 485 and I 864. I changed jobs during this time to a much higher paying position. All benifits are the same. Our interview is in 3 weeks. Do I need to refile for I 864? Or can I just bring my updating income to the interview?

Hector E. Quiroga
Hector E. Quiroga answered on Mar 10, 2021

No, but do bring pay stubs from the new job.

1 Answer | Asked in Tax Law for Iowa on
Q: I owe back taxes. Should I hire a tax attorney?

My husband passed away 9 months ago. We were five years behind. I have them filed now. I owe quit a bit to the irs.

Eric Steven Day
Eric Steven Day answered on Mar 1, 2021

It depends on how much you owe and some other factors with the innocent spouse possibilities. I would be happy to discuss with you if needs be 702-309-3333

1 Answer | Asked in Employment Law for Iowa on
Q: What do I do if my previous employers hasn't paid the severance promised?

I took a voluntary separation package which I received confirmation that payment would be made within 20 days on Jan 12, 2021. If I'm counting right today is day 22 and I haven't received payment. What can I do? There is no phone number I can find for HR, I only have an email address and... Read more »

Kyle Anderson
Kyle Anderson answered on Feb 17, 2021

This may be a breach of contract issue, but more information is needed. I would recommend reaching out to an employment law attorney in your state for a consultation.

2 Answers | Asked in Immigration Law for Iowa on
Q: Do I need to pay I 765 filing fee when I 485 is pending?

We applied for AOS I 485 back in June 2020. Our application is still pending and my wife who is on F1 status, is getting ready to graduate. She is interested in working so we are looking to apply for I 765. Since our I 485 is still pending will our I 765 Fee of $410 be waived? Or do we still need... Read more »

Agnes Jury
Agnes Jury answered on Jan 5, 2021

The last sentence of the question you posted is the answer. You do not need to pay for the I-765 but you must show proof of the pending I-485. So when you mail your I765 application, include the Notice you got after you filed for AOS. Best wishes!

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1 Answer | Asked in Products Liability for Iowa on
Q: If the product is made in a youtube video and the product name is changed is that ok?
Tim Akpinar
Tim Akpinar answered on Dec 23, 2020

An Iowa attorney could advise best, but your question remains open for three weeks. You may want to repost this under Trademark or related intellectual property categories. The Products Liability category is more about injuries from dangerous or defective products. There's no guarantee all... Read more »

1 Answer | Asked in Child Custody, Child Support, Education Law and Family Law for Iowa on
Q: My ex wife has sole custody of our son in wi, I live in Iowa I have had him this school year beside him going to his

Moms a couple of time. On top of this I am paying for child support what should I do

Paul Ylvisaker
Paul Ylvisaker answered on Dec 8, 2020

If the child is going to remain with you, then the appropriate steps would be to;

1. File a Motion to terminate with Court who currently has jurisdiction over the case.

2. Transfer the existing case to your state of residence by Registering the order in the state court in your...
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1 Answer | Asked in Probate for Iowa on
Q: how can I find out if someone had a will

My sons sperm donor passed away 2 months ago and I have been told by several people he left his things to our son. The brother will have nothing to do with my son or I and there are no other children

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

If he had a will it would be probated at the register of wills office in the county where he died. Probating a will is a matter of public record and you can get information by calling them (although the pandemic has made this harder). After you get this information, you may need to retain an... Read more »

1 Answer | Asked in Business Law for Iowa on
Q: Can a business withhold my final check until I give back my uniforms
Tim Akpinar
Tim Akpinar answered on Nov 13, 2020

This is something that an Iowa employment attorney would know best. You could try reposting under the Employment Law category for better chances of a reply. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation and Contracts for Iowa on
Q: I have a question about an apartment lease

I signed an apartment lease where it was stated I could pay rent by check or money order. About a month after signing the lease, the leasing office said they would no longer accept checks or money orders but that I must get online and allow the leasing office access to my banking account to draw... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 10, 2020

This is something that an Iowa landlord-tenant attorney would know best; your question may have gotten overlooked for three weeks in these other categories. You could repost under Landlord-Tenant or reach out to a L-T attorney. If you reach out to an attorney, they would likely ask to see a copy of... Read more »

1 Answer | Asked in Family Law and Military Law for Iowa on
Q: What rights do I have after my dad passed away

My aunt bullied me out of everything

Tim Akpinar
Tim Akpinar answered on Nov 9, 2020

I'm sorry for your loss. Your post remains open for three weeks. You may want to consider reposting under the Iowa Probate and Estate Planning sections. There's no guarantee all posts are picked up, but attorneys in those categories would be able to offer the most meaningful input. Good... Read more »

2 Answers | Asked in Appeals / Appellate Law for Iowa on
Q: AFFIRMED IN PART AND REVERSED IN PART.What does that mean?

A mother appeals a child in need of assistance adjudication

Austin J Luse
Austin J Luse answered on Nov 9, 2020

When a ruling has been appealed and is "Affirmed in Part and Reversed in Part", it means that a portion of the appealed ruling has been affirmed, meaning confirmed here; and part of the appealed ruling has been Reversed, meaning that part of the original ruling is no longer valid. I... Read more »

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1 Answer | Asked in Child Custody, Divorce and Family Law for Iowa on
Q: my soon to be ex wife has let a multiple time felon move in before divorce is over. can i get custody of my children

boyfriend is on probation currently for 2 felonies. has a very extensive history of drug and alcohol charges, arson, burglary, theft, owi's. most recent charges almost 1 year ago. im concerned for my children. can i get full custody of them, or what is my best process? can i file to not have... Read more »

Austin J Luse
Austin J Luse answered on Nov 5, 2020

Do you currently have an attorney for the ongoing divorce? Or has this divorce process not yet started? If you have not retained an attorney or started the divorce process, I advise seeking one ASAP and having them file for divorce. From there, after some administrative hoops are jumped through... Read more »

1 Answer | Asked in Uncategorized for Iowa on
Q: Can my late boyfriends family come to my apartment to take his belongings?

In his will it states his child is to receive his land or estate. Does this include his vehicles or his belongings that our in our apartment. Such as cds, pictures, guitar etc?

Tim Akpinar
Tim Akpinar answered on Nov 2, 2020

I'm sorry for your loss. You await a response for four weeks - you might have better chances of a response in the Probate and Estate Planning sections if the issue is not moot by now. Good luck

Tim Akpinar

1 Answer | Asked in Child Custody and Child Support for Iowa on
Q: Can I be forced to take my parenting time during Covid?

My wife and I have quarantined since March at the advice of my wife's doctor. My child's mother agreed to keep the child 100% of the time until my wife's doctor feels there are adequate treatment options should my wife contract Covid. The child's mother now wishes to return to... Read more »

Austin J Luse
Austin J Luse answered on Oct 28, 2020

The Court may find you in contempt of the decree/custody schedule even with the doctor-prescribed quarantine. I would advise seeking counsel to represent your interests to the Court and describe the nuances of your current COVID-riddled situation. It is possible that a modification of the decree... Read more »

1 Answer | Asked in Construction Law for Iowa on
Q: Is there a law in Iowa called Line of Sight? If so, what options do we have if roofer didn’t adhere to Line of Sight?
Austin J Luse
Austin J Luse answered on Oct 28, 2020

While I have not personally dealt with this issue before, the State of Iowa does adhere to the Line of Sight rule.

Here's the relevant Iowa Code section for this issue:

15.44

b. When a loss requires replacement of items and the replaced items do not match in quality,...
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1 Answer | Asked in Criminal Law for Iowa on
Q: Is it ok for a court appointed attorney to Bill you for trial research and then 2 days before trial urge you to plea

The reasons based on the plea are nothing the lawyer didn’t know from the beginning and the attorney billed me for every hour of research despite my financial affidavit declaring me indigent

Katherine Sears
Katherine Sears answered on Oct 21, 2020

Of course.

Your indigency has nothing to do with whether your court-appointed lawyer will bill for their time. Court-appointed lawyers are not working pro bono. They bill for and expect to be paid for their time.

Your attorney is professionally responsible for doing case research...
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2 Answers | Asked in Admiralty / Maritime for Iowa on
Q: In Iowa, what is the liability of a boat owner if a towing company overcharges without an agreement?

I asked a towing company if they could tow a jet ski 300 yards up the Missouri River in Iowa. No pre-estimate of price, no agreement was signed or verbally given, and I repeatedly asked when to bring my trailer to pick it up at the dock if they would bring it up the water. They brought the jet ski... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 16, 2020

It looks like the towing company may be asserting a salvage claim as a result of the towing operation. The distinction between a simple tow to a gas dock or a valid salvage action could hinge on the circumstances. To give rise to a salvage claim, maritime law generally requires that there be a... Read more »

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