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.

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.

“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.

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?

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.

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.

A revocable trust can be an essential part of an effective estate plan — one that simplifies affairs for your family and ensures your wishes are carried out.

If you don’t know whether your parent has their assets in order, here are the important documents to talk to them about.