Polk County Will and Trust Attorneys

Polk County Will and Trust Attorneys

Our Polk County will and trust attorneys strive to learn about you and your goals during your planning process and facilitate your goals with timely insight and advice.

Our

Polk County Will & Trust Attorneys

Provide Excellent Service in:

See if you qualify for a Tax Appeal

You Don't Have to Leave Your Home For Your

Wills & Trusts

Matter

In this video, attorney Kevin O'Flaherty describes ways you can receive legal services from the comfort of home.

Take the Next Step: Schedule a Free Consultation With Our

Polk County Will & Trust Attorneys

What to Expect From a Consultation

The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

Please contact our friendly

Polk County Will & Trust Attorneys

at our nearest location to schedule a free consultation:

O'Flaherty Law of Des Moines

2716 Grand Ave., Ste. 2 Des Moines, IA 50312

Phone:

(515) 207-2006

E-Mail:

desmoines.ia@oflaherty-law.com

Hours: 9 am - 7 pm Monday - Friday 11 am - 3pm Saturday 11 am - 2 pm Sunday

See below for our other locations. If our office locations are not convenient for you, we are happy to speak with you by phone.  ​​​

Some of Our Accomplishments

Naperville attorney
DuPage County Probate Attorney
Learn More About Our Firm
polk county trust attorneys

Polk County Will & Trust Attorneys

Kevin O'Flaherty oversees all legal matters and is actively involved in making sure every client's case, big or small, is handled with excellence and attention to detail. He is available to contact through phone and email and his rates are available upon request.

Click Here for Videos, Podcasts, and Articles by Our

Polk County Will & Trust Attorneys

Polk County Will and Trust Attorneys

Or Continue Scrolling Below to Browse some of our Most Helpful Articles

What is a Living Trust in Iowa?

In this video, our Polk County trust attorneys explain how a trust is where one person, called the trustee, holds the title to property on behalf of someone else, known as the beneficiary. This can be the same person, allowing for a person to maintain control of the property held in the trust.  Living trusts, specifically, are trusts created while the party creating it is still alive, rather than one that is created upon the person’s death under the terms of something like a well. The beneficiaries named in the living trust will receive the trust property upon your death. In Iowa, the main advantage of making a living trust is to avoid the potential family conflicts and delays of probate court proceedings following your death. Because Iowa doesn’t follow the Uniform Probate Code, a living trust can be a much easier solution than going through Iowa’s complex probate process.

In this episode, our Polk County attorney will explain common questions about living trusts.

Required Parties In Will and Trust Disputes

In this video, our Polk County trust attorneys explain who is necessary for a will or trust dispute to move forward. A good probate attorney and a responsible trustee or fiduciary should know all the necessary parties that need to be involved in a trust or will dispute. A “necessary” party is defined by the following criteria:

  • A party whose rights or interests will be affected by a court order involving the will or trust;
  • A party whose power through litigation and actions under the will or trust will be affected by a court order involving the will or trust;
  • A person who if not joined would likely result in a biased court order; or
  • A person with a material connection to the will or trust dispute.

An “indispensable” party is one that has both an interest in the conflict and also a direct involvement in the management of the will or trust, such as the trustee or other type of fiduciary. Generally, regarding a will, the legatees and devisees are considered necessary parties. The legatee being an individual who will inherit personal property under the will, real (estate) or monetary, and the devisee being an individual who only inherits real property under the will. Other necessary parties include those involved with the management of the will (the executor) and any other parties who may be affected by a decision or modification involving the will

In this episode, our Polk County attorney identifies the required parties in Will and Trust disputes that are required in order to proceed to a final decision.

What is a Trust Contest in Iowa?

In this video, our Polk County trust attorneys explain how 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.

In this episode, our Polk County attorney identifies the required parties in Will and Trust disputes that are required in order to proceed to a final decision.

Further Reading From Our 

Polk County Will & Trust Attorneys