A recent Iowa Appellate Court decision brings this question to the forefront for probate attorneys and those who hire them.

A payable-on-death (POD) designation is a seamless way to transfer an asset without probate and is straightforward to implement.

Yes, having a will is beneficial in almost every circumstance. We may seem biased because we are in the business of preparing Wills, Trusts, and Powers of Attorney.

The requirement of probate in Iowa stems from how the asset is owned and how it transfers by law. Real estate is an asset that requires probate to transfer or be sold if there is not a surviving joint owner.

Our new workbook explains probate for executors and administrators and offers a step-by-step rundown of the process.

A decision about organ donation is unique to each individual. The thought of organ donation can create so much indecision that you don’t make a decision at all. Your initial instinct about organ donation is what you should do.

This year, Hope Wood JD celebrates a decade of legal practice in Iowa. The firm’s focus on guiding families through the estate-planning and probate process has resulted in more than 1,500 satisfied clients.

“My kids will do the right thing.” This statement is an ingredient for a recipe of headaches and bad blood between your children. When assets are unequally distributed under law, trusting your adult children to “make it right” is a risk you should avoid and can avoid.

Promises and conversations that are not in the Will are not legally enforceable and a recent Iowa Court of Appeals case confirms it in The Estate of Delores Todd.

You don’t have to know everything. You don’t have to keep track of everyone or make sure 100% of everything gets done. You are responsible for yourself. Don’t place unrealistic expectations on your performance in life. No one is keeping score.

Take a minute and congratulate yourself for having a Last Will and Testament. You have completed an emotional and financial investment to leave clear instructions for your family after your death. That is a hard journey and is one to celebrate.

Should I store my Will in a Safety Deposit Box?

Life is tough. And very often we feel disappointed, let down and beat up. Good things can and do happen, but life can throw you a curveball, then a breaker ball, then a drop pitch. You can come to terms with a bad situation only to find another one is hiding right behind it ready to latch on to your heart.

Divorce is a difficult process. The last thing you want to think about it updating your estate plan. Lack of information is a common reason for inaction. See my checklist below on being prepared for every situation.

People need a Will much sooner in life than they realize. Specifically if they want certain people or organizations to be the beneficiaries of their assets. Conversations about your wishes are not legally enforceable without a Will. Or your transfer of assets may not be set up to occur the way you intend.

In life, there are opportunities to punt or go for the first down. Early in my practice of estate planning, I often saw individuals who started the will drafting process but would continually punt and not finalize the will. Ad hoc questions would be sent in 3-4 separate e-mails or the person would not commit to a signing date once the will was final. In Iowa, a will that is not signed is as useful as no will at all.

As a parent, spare time is for sleeping. But as you lie down, the lists start running through your head of “should do this” and “need to do that”. Every so often, the thought of a Last Will and Testament comes to mind. Specifically for the purpose of naming a guardian for your minor children. It is easy to brush off the task because getting a Will requires a self-imposed deadline. Here are a few things to get your estate plan in order and get your estate planning status to “I did do that!”

After you say “I do” there is a combining of lives and of assets. Tangible, personal property is easy to combine because you see it in your home. Intangible property, like financial accounts have their own legal rules about “what is mine is ours” after the marriage ceremony.

Probate sounds scary and cringy. Executors of estates often have awful stories about the process. This makes sense because it is a complex process and it is coupled with the grief of losing your loved one.

If you are here because you may need to start the process or if you are in the weeds in a probate estate right now, I am here to provide you some peace of mind.

A Last Will and Testament is a love letter to your family. It gives instructions for your wishes and can prevent unnecessary expenses for your heirs. Saving money for your heirs may not be something that crossed your mind.

“In probate”. “Outside of probate”. Is probate bad? Where is probate? What does probate mean?

Hope Wood is your legal sherpa for probate to guide you through these questions.

This is a stressful time of year. There are a lot of competing pressures and priorities. I want to encourage you to be true to yourself. Don't sacrifice happiness to bend to tradition. Don't buy gifts you can't afford. Most of all - don't lie.