Suppose you’re a retired small business owner and believe a bank employee has breached some legal duties owed to you. You want to sue the employee but are unsure what kind of relationship existed between you and the potential defendant and which type of lawsuit you should file. Fiduciary Relationships vs. Confidential Relationships In Iowa, the courts have held that only two types of fiduciary relationships exist. Legal Fiduciary: A fiduciary person or entity under contract with you or assigned by the courts to care for your personal or financial interest is a “fiduciary in itself.” Also know ..read more

Testamentary capacity refers to a person’s legal and mental ability to create or change a Will. Interested parties often assert this claim in estate dispute litigation because proof of a lack of testamentary capacity (incapacity) can change the distribution of a testator’s assets. Heirs and beneficiaries frequently find themselves defending capacity claims in probate court. Iowa Probate Code allows these defendants to present specific evidence proving the testator’s capacity, which ultimately challenges a claimant’s credibility. Whether you’re a person named in a Will or a recipient of an inte ..read more

Iowa probate courts impose high legal duties on executors and personal representatives who work probate matters on your behalf. Iowa probate code also mandates the fees these fiduciaries can charge you for their services. Unfortunately, some executors collect excessive probate fees. When this happens, beneficiaries must file a lawsuit to remove and replace the fiduciary and seek an order that forces the executor to repay the overcharges made to the estate. In this post, we’ll examine when probate fees become excessive and how to protect yourself from being overcharged by an incompetent or frau ..read more

When a person gifts estate assets to another during his/her lifetime, Iowa probate law considers these gifts valid until an interested party successfully presents evidence showing the Donor’s acts were ineffective. Inter vivos gift Donors must possess a sound mind and fully understand how their gifting will affect their heirs, according to Iowa Code. Interested parties who bring Will or Trust dispute action to recover lost property due to inter vivos gifting hold the heavy burden of proving all elements necessary to win their case. These parties also may file their disputes only after the Dono ..read more

Modern probate case law in Iowa has made it easier for contestants to assert undue influence claims against testamentary documents presented in probate court. Decades ago, will and trust dispute plaintiffs bore the burden of proving that undue influence between the defendant and the decedent unequivocally took place–a heavy and difficult burden to meet.  However, in 1998, when hearing IN THE MATTER OF THE ESTATE OF TODD, the Supreme Court of Iowa found that contestants may assert a presumption of undue influence onto defendants if the plaintiffs can establish a confidential relationship e ..read more

A Will must be properly executed to be enforceable. Iowa code holds strict requirements regarding Will drafting and execution. Improper execution disputes generally arise when interested parties suspect someone forged the deceased’s testamentary documents or find that the decedent ignored state law when executing the Will admitted into probate. Proper Will Drafting and Execution in Iowa According to Iowa Probate Code 633.279, you must be of “full age” and “sound mind” before executing a Will. Full age means you must be at least 18 years old or married. Once you meet this threshold, your testam ..read more

The Court of Appeals of Iowa recently ruled that children who received lifetime gifts from their parents may need to reimburse the estate when their parents pass away. The judges sitting, IN THE MATTER OF ESTATE OF HADSALL, applied Iowa’s “confidential relationship” rules when it affirmed a son’s close and trusting relationship with his mother required him to return the gifts he received while the mother was alive. Loving Son Ordered to Return Cash Gifts John Hadsall, a licensed attorney, took over his mother’s financial affairs after his father passed away in 2007. A sibling rivalry developed ..read more

Fiduciary litigation includes many legal actions that involve estate dispute lawsuits, Will challenges, breach of fiduciary duty claims, power of attorney abuse, and executor, trustee, or guardianship removal proceedings. You may feel you’re tied to your fiduciary and bound to the decisions it/he/she makes for you. However, this notion is untrue, as recipients of estate assets hold many legal options to remedy negligent fiduciary performance or intentional hijackings of inheritances. The first step in becoming whole again after your fiduciary has harmed you involves consulting with and retaini ..read more

Consider the following situation: Your mother passed away six years ago, leaving you and your brother real property and some cash. Your mother’s Will had assigned your brother as Executor of the estate, and a Polk County District Court approved the appointment.   However, your brother has yet to do much to settle the estate over the last decade. More importantly, he has refused to share estate asset and expense information with you. You expect to receive a sizable inheritance, but the estate has only issued you a $2000 cash disbursement since your mother’s passing.   You also recentl ..read more

Without a doubt, dealing with Will dispute litigation during probate proceedings is disappointing and frustrating. Will contests are financially and emotionally costly for both proponents and individuals who wish to win back a hijacked inheritance. Therefore, one must consider the pros and cons before deciding to bring Will dispute action or defend a Will in probate court. Can I Contest a Will? According to Iowa Probate Code, only “interested persons” may challenge a Will admitted into probate, and challenges must hold legal grounds. The Code identifies interested persons as heirs (f ..read more