In this article, we answer questions surrounding surviving spouse’s rights in Iowa probate. In Iowa, surviving spouse’s rights ensure a spouse will receive an inheritance from their deceased spouse’s property, even if there is no will in place. In some situations, a spouse may inherit everything from an estate, but this depends on whether the deceased had children from a previous relationship.
In this article, we explain, How to transfer guardianship proceedings to another state. When a guardianship is being transferred, it is required that all interested parties are notified of the transfer. Interested parties could include close family, heirs of the estate, and perhaps even creditors.The purpose of this notice is to keep interested parties informed regarding the current care arrangements and living situation of a minor or disabled individual. The requirement also serves as an additional level of protection as it deters guardianship transfers with ill intent.
In this article, we discuss some legal grounds for trust contests in Iowa. Undue influence is another common ground for disputing a trust in Iowa. Undue influence is defined as excessive persuasion that causes a trustor to act out of character or refrain from exercising their free will. For a trust to be valid in Iowa, it must be made by a trustor who has testamentary capacity, or is of sound mind with full comprehension of their actions. A trust can be successfully contested if the trustor’s mental state at the time the trust was drafted or signed is in question.
A trust is a legally binding arrangement between three parties where a trustor grants a trustee permission to hold assets on behalf of a beneficiary. Though there are many types of trusts, all with different purposes and benefits, they can all be contested within the Iowa court system. An heir or beneficiary may wish to contest a trust in Iowa simply because they don’t agree with its terms, but their request will be denied. In Iowa, there are four accepted grounds to challenge the validity of a trust.
A trust in Iowa is both a document and a legal entity. A trust can be arranged in many ways, but its main purpose is to allow a third party, or trustee, to hold assets on behalf of a beneficiary. It is written and signed by the trustor, and can go into effect while the trustor is still living or when they die, depending on the trust type. A trust contest is a type of lawsuit that is filed to object a trust’s validity. If someone believes the trustor was mentally incapacitated, unduly influenced, or otherwise unable to comprehend the terms of a trust, they have the right to contest the document in Iowa.