Iowa Estate Planning Questions & Answers

Q: What if someone takes money (bank CDs) that is left to someone else in a legal will?

1 Answer | Asked in Banking, Estate Planning and Probate for Iowa on
Answered on Jan 10, 2018
Kenneth V Zichi's answer
I'm sorry for your loss, however it sounds like your Grandmother messed up here. If there is a beneficiary named on an asset, the will does not control it, and if your father died 1 second after your grandmother, then the bank did what it should by placing the CDs into your father's name. If your father didn't have a will distributing the property otherwise, his surviving spouse will most likely have priority in taking his property.

If there was a LOT of property it may make sense to...

Q: I am on probation am I able to bow hunt for deer?

1 Answer | Asked in Criminal Law, Estate Planning, Federal Crimes and Probate for Iowa on
Answered on Oct 27, 2017
Shaun Khojayan's answer
It depends on the terms of your probation and your particular case. For example, if the crime for which you are on probation involves hunting wildlife on federal lands then probation may include the condition that prohibits hunting including by bow. However, if you are generally asking whether bow hunting is prohibited by the "standard" terms of federal probation, unless it is specifically prohibited, then it does not appear to be an issue because it is doubtful that bow hunting would be...

Q: My mother died without a will in Iowa. My stepfather died months later. Do I have any rights to her half without a will?

1 Answer | Asked in Estate Planning and Probate for Iowa on
Answered on Aug 4, 2017
Ben F Meek III's answer
Contact an experienced probate attorney in Iowa (or California, perhaps). If your mom died without a will, her spouse and children should share her property. It may be hard to recover money or property that has vanished, but if your step-father died with property, you may still be able to prove what should have come to you from your mom's estate. Don't wait any longer. Time is not on your side. Justia.com can help you find a suitable attorney in the right state. Many offer free initial...

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
Kenneth V Zichi's answer
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...

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
Kenneth V Zichi's answer
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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