Michelle Christen Michelle Christen

Do I Need a Probate Attorney?

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

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Do I need a Will?

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.

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Iowa Court won’t rewrite Will to match intent

“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.

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Estate planning after a divorce

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.

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Estate planning for all ages

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.

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When You Punt

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.

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Estate planning for busy parents

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!”

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Estate planning for married couples

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.

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How long does probate take?

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.

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Save money with a Last Will and Testament

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.

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What does probate mean?

“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.

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Can I Write My Own Will?

Should you write your own will or consult an attorney? Here’s the low-down on the requirements for a valid will in the state of Iowa, what complications you need to consider, and what value an attorney can provide.

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