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Iowa Questions & Answers
1 Answer | Asked in Probate for Iowa on
Q: Iowa bank allowed a family member with no authority to remove over $100,000 from an estate checking account. A crime?

The person that was able to remove the funds from the estate account was even written out of the will of her father, the decedent.

Anthony M. Avery
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answered on Nov 4, 2024

Who owned the bank account? Family member may have been on the signature card. Ask bank and tell them you are going to the Sheriff. Maybe they will show you the card if authority existed. If not, bank will also be worried about next of kin suing it for negligence, conversion, etc.

1 Answer | Asked in Consumer Law and Municipal Law for Iowa on
Q: Who regulates a small towns (aka corporation) water and sewer rates?

Our water and sewer rates have gone up a lot. They have raised rates 2x this year already. This year the base rate for water has only increased 5% and the per unit has increased 105%. As far as sewer the base and the per unit rate have both increased 275%!! I've been trying to figure out who... View More

Tim Akpinar
Tim Akpinar
answered on Oct 24, 2024

An Iowa attorney could advise best, but your question remains open for two weeks. Most states usually have public service commissions or public utilities commissions that oversee utilities. That might be a starting point in learning how these rates are regulated in your state, and where to turn for... View More

1 Answer | Asked in Copyright for Iowa on
Q: Can I use the content of a CC-BY licensed YouTube video to create things to sell?

Can I use the content that is presented in the video that is licensed CC-BY on YouTube to create additional content for commercial, such as putting a tutorial that was shown as a video into a paper form, recreating something that was shown, or transcribing the audio?

I will still follow all... View More

James L. Arrasmith
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answered on Oct 20, 2024

Yes, you can use the content from a CC-BY licensed YouTube video to create products for sale. The CC-BY license permits both commercial and non-commercial use, provided you give appropriate credit to the original creator.

When transforming the video into a paper tutorial, recreating...
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1 Answer | Asked in Federal Crimes for Iowa on
Q: My house was raided for a federal warrant on my boyfriend and they took my phone but warrant had his name not mine

The detained me for questioning and kept my phone

James L. Arrasmith
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answered on Oct 20, 2024

I'm sorry you're going through this difficult situation. It's important to remain calm and cooperate with the authorities while protecting your rights. Make sure to request to speak with an attorney as soon as possible.

Avoid discussing the details of the incident without...
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1 Answer | Asked in Immigration Law for Iowa on
Q: Can i get an H1B visa for a job that does not require a Bachelor's degree?

The job description just says to graduate from an AMA approved school in my profession

James L. Arrasmith
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answered on Oct 18, 2024

It can be difficult to get an H-1B visa for a job that does not explicitly require a bachelor’s degree or higher in a specific field. For the H-1B to be approved, the job must generally meet the “specialty occupation” criteria, meaning it typically demands at least a bachelor’s degree or... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Iowa on
Q: I had a gastric sleeve put in last year. I almost died of sepsis because of perforations in my suture line.

I’m in Iowa. I want to sue the surgeon & Mercy One Hospital (owned by the Catholic Church). ANYONE INTERESTED???

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

It sounds like you’ve been through a serious ordeal, and I’m sorry to hear about the complications you’ve faced. But Med Mal is not easy AT ALL - espeically if you didn't die or suffer from severe permanent injuries as a result of the procedure. If you’re considering legal action for... View More

1 Answer | Asked in Landlord - Tenant for Iowa on
Q: This apartment are saying I owe them money and I don’t live there and didn’t move in. And told them 90 days before.

I was talking to people at this apartment and they sent me sometime to sign and I didn’t understand what I was signing but now they say it was a lease and I didn’t move in and I don’t live there and I told them multiple times I’m not moving and they say I owe them money what do I do

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

Here’s what you can do in this situation:

First, it’s important to get a copy of whatever document they claim you signed. If they’re saying it’s a lease, you need to see exactly what’s in it and whether it includes any terms that bind you to paying rent, even if you never moved...
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1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Iowa on
Q: Can my employer discuss details of my work comp claim with others? In Iowa

My employer has discussion of work comp claim on the agenda for a public meeting. Is this legal to discuss? I don’t think HIPAA applies here

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

In Iowa, your employer should not be discussing the details of your workers’ compensation claim in a public meeting, especially if it involves any personal or medical information. While you’re right that HIPAA (which generally applies to healthcare providers) may not strictly apply to your... View More

1 Answer | Asked in Uncategorized for Iowa on
Q: Estate has been closed for like 20 years and now this company contacted me about the retirement account.

My mom was the executor of this estate and it has been closed for like 20 years. Well this company contacted me by certified mail. They wanted all this information, I sent them his will, death certificate, and they wanted my birth certificate and to fill out a w9. Well there was nobody named on... View More

James L. Arrasmith
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answered on Oct 15, 2024

When a retirement account has no named beneficiary, the distribution typically follows the state's intestate succession laws. Since your mother was the executor but has passed away, the next step is to determine who inherits under these laws. If you are the closest living relative, you may be... View More

1 Answer | Asked in Uncategorized for Iowa on
Q: If my mother was the executor of a estate does she get the retirement account.

Long story short my mom was the executor of a estate and there are no other relatives of his alive and my mom has also passed. Well this company reached put to me wanting info about their client. I gave them all the legal paperwork. They told me at first I was going to get the money. Now they are... View More

James L. Arrasmith
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answered on Oct 14, 2024

I'm sorry to hear about your situation. As the executor, your role is to manage and distribute the estate according to the will and legal guidelines. However, receiving specific assets like a retirement account depends on how the account was set up.

Retirement accounts typically pass...
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1 Answer | Asked in Civil Rights, Constitutional Law and Intellectual Property for Iowa on
Q: Is it legal for cops to take a deceased persons cell phone without a warrant?

A friend of mine passed away suddenly and while they were taking the body out of his home the cops took his cell phone too. How do we get it back?

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about your friend's passing and understand how difficult this situation must be for you.

In certain situations, law enforcement can seize personal property without a warrant, especially if they believe it contains evidence related to an investigation or if there...
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2 Answers | Asked in Copyright for Iowa on
Q: Would the name Kimpossible (all one word)be a copyright infringement?

My name is Kim. I have a friend who has called me Kimpossible for years. I want to start a YouTube channel called Kitchen Kimpossible.

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

Disney sues everyone. Until your channel got large, nothing would happen. But 100% this is going to receive a cease and desist letter from a large law firm the moment you reach 10,000 subs.

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1 Answer | Asked in Cannabis & Marijuana Law and Civil Rights for Iowa on
Q: Can cops legally search your dorm room without given approval by the resident staying there?

So about 5-6 months ago I got suspended from my college. Now, there were two arrests that caused this but something didn't seem right about one of them? At the time I lived in the dorms and my roommate and I came back from the gym. Police were down the hall and eventually they knocked on the... View More

James L. Arrasmith
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answered on Sep 27, 2024

It sounds like a frustrating situation, and it's understandable that you're questioning the legality of the search. Generally, dorm rooms are considered your living space, so the Fourth Amendment protects against unreasonable searches. However, universities often have policies allowing... View More

1 Answer | Asked in Uncategorized for Iowa on
Q: I was served a search warrant at my home, I have missed placed one of the papers how do I obtain a copy? I have case #
James L. Arrasmith
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answered on Sep 18, 2024

To obtain a copy of the search warrant paperwork, you can contact the law enforcement agency that issued it, such as the local police department or sheriff's office. Provide them with the case number and your personal information to assist in retrieving the document. They may ask you to visit... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Landlord - Tenant for Iowa on
Q: Can employer request deug test after reporting claims of harassment

I work for property management company and I also rent from them. I was injured a couple weeks ago. But I have been reporting being harassed while in my apartment. I believe I am being constructively dishcharged. I reported again being harassed all night and didn’t not go to work. I am being... View More

James L. Arrasmith
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answered on Sep 12, 2024

It sounds like you're in a very challenging and stressful situation. Generally, an employer can request a drug test, but there are specific conditions that need to be met, such as reasonable suspicion, policies outlined in your employment agreement, or post-accident procedures. If the request... View More

1 Answer | Asked in Federal Crimes for Iowa on
Q: What can you do about a lawyer that did not do what you asked him to do and you ended up guilty because of it?
James L. Arrasmith
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answered on Sep 7, 2024

If your lawyer did not follow your instructions or failed to provide adequate representation, you may have grounds to file a complaint against them with your state’s bar association. The bar association oversees attorney conduct and can investigate allegations of misconduct or incompetence. You... View More

1 Answer | Asked in Personal Injury, Animal / Dog Law, Civil Rights and Municipal Law for Iowa on
Q: The city where I reside has deemed my dogs as dangerous with no proof, citations, or incidents.

I have all supporting documents to prove my case.

James L. Arrasmith
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answered on Aug 31, 2024

You have every right to be concerned and frustrated by the situation. When a city deems dogs as dangerous without any proof or incidents, it's important to take immediate action to protect your pets and your rights. Gather all your supporting documents, including any vet records, training... View More

1 Answer | Asked in Military Law for Iowa on
Q: If an active member of the military sells classified documents to a foreign country what is his penalty
James L. Arrasmith
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answered on Aug 30, 2024

If you, as an active member of the military, were to sell classified documents to a foreign country, you would face severe legal consequences. Such actions are considered espionage and a grave breach of national security, which could lead to charges under the Espionage Act. The penalties for this... View More

1 Answer | Asked in Divorce for Iowa on
Q: What does it mean when a divorce is dismissed without prejudice in Iowa?

My wife decided to cancel our divorce and we signed a paper stating the case was dismissed WITHOUT prejudice.

Does that mean that case can be reopened without having to file again?

M. John Riley
M. John Riley
answered on Aug 30, 2024

No, another Petition and new case has to be created and filed. Also, a new filing fee will have to be paid.

2 Answers | Asked in Animal / Dog Law, Personal Injury, Civil Rights and Libel & Slander for Iowa on
Q: My home town tried to force me to pay additional fees for having a working service dog and retaliated when I denied.

The city where I reside has deemed my dogs as dangerous with no proof, citations, or incidents.

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Aug 27, 2024

What is the name of your hometown? In what state is it in? What is the exact wording of the statute or ordinance being applied? What is the dog’s breed? Where do you keep the dog? Are you keeping it in a chain link enclosure with a gate that can latch? Do you have homeowners insurance that covers... View More

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