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In the Learn About Law Blog, Podcast & Videoblog, attorney Kevin O'Flaherty educates non-lawyers about approaches to resolve various issues, resources and information regarding different areas of law.
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In some families, loans and monetary gifts are presented to the children and often times this may lead to dispute if not kept equal. If it's not clear whether the money is a loan or a gift, conflicts can arise if the parent dies and their estate enters probate. If it's not in writing, the beneficiaries are left to figure it out on their own, or the court must step in and...
A cohabitation agreement can protect couples who live and raise a family together from a nasty breakup with no clear delineation of who should have what. While marriage and the commitment that comes with it should never be considered lightly, the belief that not getting married frees you from complications is...
With the Biden administration officially starting their term, everyone should expect changes to estate planning law in 2021. In this article, we explain these changes and options like SLAT that can help with probate and estate planning.
Undue influence means a person substitutes his or her intentions for those of a person making the will, making the will reflect the wishes of the influencer. In Iowa, if another heir or beneficiary suspects that someone may have exerted undue influence on the person who died (the decedent), they may bring an action in probate...
In Iowa, a landlord can evict a tenant if they are a “Clear and Present Danger”. This occurs if the landlord believes the tenant is creating a situation which places others in danger. The danger must be some sort of threat to the health and safety of other tenants, the landlord, the landlord’s employees or...
Trusts are common tools used in estate planning, and other situations which require a third party to take control of an owner’s property to be distributed to a third party. While creation of trusts involve several unfamiliar legal terms, the basic idea of a trust is to allow someone else to hold onto your property for the benefit of a third person. For instance, you may have heard the term “trust fund baby” where wealthy parents have created a trust, managed by a bank or other financial...
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