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District 5 Probate/Juvenile Guardianship Mediators (November 29, 2021) To be on the D5 Probate/Juvenile Guardianship Mediator list, mediators must have the following requirements: General Probate Qualifications: Must complete one-hour webinar or live session regarding the availability of external resources, mainly for the aging; AND 25 hours minimum general mediation training; AND One of the following: 15 hours probate or elder specific mediation training; OR 10 continuous years of practicing

An advance for probate fees must be placed in the trust account like any other advance for fees. A court order approving the fees in probate must be entered by the district court before any fee can be taken from the trust account. Iowa R. of Probate 7.2. Also, a notice and accounting must be given to the client or clients no later than the day that any withdrawal of probate fees is made from the trust account. Finally, unless otherwise specially ordered by the district court, fees in probate can be taken ... no earlier than the following: ½ no earlier than after the federal estate tax return is prepared, or if a federal estate tax return is not required, no earlier than after the Iowa inheritance tax return is prepared, or if no inheritance tax return is required, no earlier than when the probate inventory is filed. The final ½ no earlier than when the final report is filed AND the costs are paid.

THE MATTER OF THE ESTATE OF No. ESPR 044243 ELMER V. WILLENBORG, Deceased. DECLARATORY RULING ON PROBATE ... submitted, upon the court’s judicial notice of the probate file and the legal arguments of counsel. The record ... individual denominated MAG. For probate services provided by attorneys with experience in the field, O’Connor & Thomas

Opening an estate is not required for every deceased person, but it may be necessary to transfer property, pay debts, and obtain tax clearances. Estate and probate matters can be complicated. You should talk to an attorney.

Probate Referee Fees, Inheritance Tax Appraiser Fees, and Other Fees (Order, February 19, 2018) Probate Referee Fees In accordance with Iowa Code 633.21, probate referee fees shall be allowed a fee for such service based on the gross assets of the estate listed in the probate inventory. Total Assets Fee Under $15,000 $15.00 Between $15,000 and $50,000 $25.00 Between $50,000 and 100,000 $45.00 Between $100,000 and $300,000 $75.00

Fourth Judicial District of Iowa Announcements, Orders, and District News Emergency Matters Administrative Order (March 31, 2020) Harrison County Administrative Order (March 26.2020) Probate Referee Fees, Inheritance Tax Appraiser Fees, and Other Fees Administrative Order for Probate Rule No. 2018-01 (February 14, 2018) Fremont County Magistrate Application DAJ Magistrate Application Instruction Sheet DAJ Magistrate Application Part 1 - Background Information DAJ Magistrate Application Part 2A - Confidential Information DAJ Magistrate Application Part 2B - Confidential Disclosure Release DAJ Magistrate Application Part 3 - Credit Search Authorization Form

estate appeal from a probate court order approving the payment of fees to the former co-executor and to the former ... challenges a probate court order approving the payment of fees to the former co-executor and to the former attorney for the ... the probate court’s award of fees, we affirm. I. Background Facts and Proceedings Dorothy Potter died on April

Probate Judge. Petitioners appeal the probate court’s order to close an estate. AFFIRMED. Daniel Mienke ... , 2006, Rose filed a petition for probate of Delores’s will. Rose was appointed as the executor of Delores’s estate ... . Daniel filed a motion seeking to have Rose removed as the executor.2 The probate court denied the motion for removal

, Patrick M. Carr, Judge. Trustee appeals probate court rulings compelling her to provide an accounting to a ... review probate court orders compelling trustee Judith R. Cunningham to personally pay $54,120 in attorney fees and costs ... trust becomes irrevocable. Accordingly, we reverse the probate court ruling that Cunningham had a duty to account to

, Mitchell E. Turner, Judge. Edward Oldham claims the probate court erred in holding trust amendments were not the ... probate court ruling that found amendments to a trust were not procured by undue influence. We affirm. I. Background ... trial was held, and the probate court ruled the amendments to the trust were valid. Edward appeals. II. Standard

Michael Neary, charging numerous instances of misconduct arising out of his handling of probate cases. Following a ... hearing, our Grievance Commission found that the respondent failed to complete probate matters in a timely fashion ... . I. The Facts. These disciplinary charges arose out of the respondent’s serious neglect of thirteen probate

probate of the will on July 31, 2008, in the Iowa District Court for Franklin County. Craig was appointed executor of ... the estate of his father, having been nominated as such in the will. The “Notice of Probate of Will, of Appointment ... filed a petition to set aside the will of Ralph Classon. He filed it, as he had filed the probate of Ralph‟s will, in

Probate Referee Fees, Inheritance Tax Appraiser Fees, and Other Fees (Order, February 20, 2018) Probate Referee Fees In accordance with Iowa Code 633.21, probate referee fees shall be allowed a fee for such service based on the gross assets of the estate listed in the probate inventory.. Total Assets Fee Under $15,000 $15.00 Between $15,000 and $50,000 $25.00 $50,000 and 100,000 $45.00 $100,000 and $300,000 $75.00 Exceeding

Probate Referee Fees, Inheritance Tax Appraiser Fees, and Other Fees (Order, April 11, 2018) Probate Referee Fees In accordance with Iowa Code 633.21, probate referee fees shall be allowed a fee for such service based on the gross assets of the estate listed in the probate inventory. Total Assets Fee Under $15,000 $15.00 Between $15,000 and $50,000 $25.00 Between $50,000 and 100,000 $45.00 Between $100,000 and $300,000 $75.00

formally admitted to probate has been successfully challenged, no issue of validity of prior wills is before the court ... well as the will that had been admitted to probate. He also contends that the district court erred in admitting ... , 1993 will was admitted to probate, and Joseph was appointed as executor. Roberta challenged that will on the basis of

. Klotz, Associate Probate Judge. Sammy Lovan appeals the probate court’s decision that the decedent had an ... Iowa Department of Human Services filed a claim in probate, under Iowa Code section 249A.5(2) (2009), for $88,598.68 for ... probate court to determine One Lo’s interest in the real estate. Sammy testified that he made only $4470 in 1989

. Baker, Judge. Executor appeals probate court ruling that pay-on-death assets are included in the surviving ... elective share, as defined in Iowa Code section 633.238 (Supp. 2009), includes pay-on-death (POD) assets.1 The probate ... elective share to the four categories of assets listed in the statute, none of which include POD assets. The probate

Eleanor Heemstra appeal the order approving the final report of the executor of her estate. They contend the probate court ... Butler, survived. The petition to probate Eleanor’s 1 A 2009 amendment ... deceased brother. On October 21, 2016, the probate court held a hearing on the executor’s final report, as well as the

probate docket. We agree, and reverse and remand. Background Facts and Proceedings. From the limited record before us ... probate. The successor trustee after Joseph’s death, Wells Fargo Bank, was 3 “appointed and ordered to defend ... of the will to probate was published on August 7 and August 14, 2009. The second notice regarding the trust was

surviving spouse of Glen A. Waterman appeals from a probate court order authorizing the administrators to sell two parcels ... Glen A. Waterman appeals from a probate court order authorizing the administrators to sell two parcels of real estate ... administrators to justify an instance of self-dealing. Because the probate court did not consider the homestead exemption when

Attorney Disciplinary Board alleged the respondent, Stephen J. Lickiss, violated ethical rules in four probate matters by ... neglecting these matters, failing to respond to clients’ inquiries for information, taking probate fees without prior ... proceeding, he practiced as a sole practitioner. Prior to undertaking the probate matters that are the subject of

, Amanda P. Potterfield, Judge. Surviving joint tenants of real estate appeal from orders of the probate court subjecting the ... Mary H. Serovy, deceased, appeal from an order of the probate court subjecting a joint-tenancy interest in real estate held ... that, to the extent Iowa Code section 249A.5(2) (2003) authorizes the ruling of the probate court, that statute is an

four ethical rules in handling a probate matter by providing representation that was not competent, failing to act ... , the Polk County District Court filed a certification with respect to this delinquent probate matter with the court ... the present case, Marks neglected two probate 4 matters and failed to cooperate with the Board’s investigation

 22, 2003. On November 17, 2003, attorney Sanders appeared before the associate probate judge for an order setting fees ... designated beneficiary. Based on the values shown in the inventory recapitulation, the associate probate judge fixed the ... advised the associate probate judge of the action it had taken with respect to the deduction claimed for the executor’s

estate. Charles passed away on May 22, 2007. His will was admitted to probate. His wife, Susan Miller Janssen ... estate at the rate of $165 per hour, and the probate court approved the application. For representing Charles’s estate ... in this litigation, the probate court approved payments to Sweet of $8715.73 on December 17, 2007, $7741.00 on August

she survived him, was admitted to probate and closed in September 1998. The Meyers served as co-executors in Walter‟s ... probate estate because, due to ill health, Mabel declined to act in the capacity. Mabel continued to live at home ... . Her will was submitted for probate on March 23, 2005, by Timothy and Doris Meyer. The Meyers were named co

Professional Responsibility for Lawyers and Iowa Rules of Professional Conduct in two separate probate matters.1 I. Standard of ... . The complaint alleged ethical violations in two probate matters. Essentially, the complaint alleged the respondent ... violated our ethical rules by his dilatory handling of the probate matters, which resulted in numerous notices of

restrictions imposed by law.”). This case arises from Arzberger charging and collecting extraordinary fees in a probate case ... estate, and probate work. Over the years, she has had a commendable record of public service and community ... estate. On July 5, Arzberger sent Nepstad a letter outlining the probate process. Arzberger told Nepstad that “[t]he

appeals the denial of his claim in probate for property taxes. AFFIRMED. Peter C. Riley of Tom Riley Law Firm ... , P.J., and Doyle and Bower, JJ. 2 BOWER, Judge. Daniel Thole appeals the denial of his claim in probate for ... as Notice of Probate and Appointment of Executor, was mailed to Daniel Thole. On May 30, 2012, Ronald and Donald

probate proceeding bore forged signatures and by charging and receiving excessive and unauthorized attorney fees. The ... reinstatement he be required to show completion of at least eight hours of continuing legal education on probate law ... . Prof’l Conduct 32:1.5(a). Our rules of probate procedure impose several restrictions on the process for obtaining

against his will, appeals from an order in probate refusing to include the assets of a revocable inter vivos trust ... statutory share under section 633.238. We reverse the judgment of the probate court and remand the case to that court ... declaratory decree in probate establishing that the assets of the revocable trust should be included in the statutory

and beneficiary of the estate appeals the probate court’s transfer of life insurance proceeds to the widow and approval ... surviving sister of Justin’s first wife. Mary appeals from a ruling of the probate court transferring life insurance proceeds ... challenges the probate court’s approval of a spousal allowance in the amount of $1000 per month. Because we

. ________________________________________________________________ Appeal from the Iowa District Court for Polk County, Ruth B. Klotz, Associate Probate ... Judge. Appellants appeal the probate court decision appointing a successor guardian for the adult ward ... , after notice to Jacquelyn and a hearing on the merits of the State’s petition, the probate court entered an order

Estate of Mildred Uhlenhake, challenge the probate court’s order granting the application of two co-executors for ... Uhlenhake—Gene Uhlenhake, Kristine McCormack, and Robert Uhlenhake (who is also a co-executor)— challenge the probate ... burden of proof with respect to showing just cause or benefit of the estate, the probate court denied them due process

, alleging multiple violations of the Iowa Rules of Professional Conduct based largely on neglect of probate matters ... handles domestic-relations cases, but he also does work in the area of probate, including estates, conservatorships ... number of probate cases involved warrant consideration of discipline within the full spectrum of sanctions. See

daughters as heirs. Bessie’s will was admitted to probate. The probate proceedings proved to be contentious. James ... incurred by James. 4 November 23, 2009, James filed a formal claim in probate, seeking reimbursement for the $4075 ... district court’s denial. The objectors ask us to affirm the district court. II. Discussion. We review probate

timely disburse funds, misrepresenting the status of an estate to the court, prematurely taking probate fees, and failing ... charges in this disciplinary action stem from Casey’s representation of clients in a personal injury case and a probate ... children. Although Casey filed the necessary papers opening the estate, his representation in the probate matter was

can become entangled in a web of ethical violations arising from the neglect of an estate in probate proceedings ... disciplinary rules in connection with the probate and closing of the estate of John Oxley. The Board charged that ... representation to the court in connection with his neglect, and prematurely obtained attorneys’ fees in the probate proceeding

, Associate Probate Judge. An estate appeals from the probate court’s decision on a claim made against the estate ... from his claim. We affirm. SCOPE OF REVIEW. Probate claims are tried as law actions; our review is for correction ... . On June 9, 2009, the court filed an order on the claim in probate. The court noted, “It has been extremely

Probate Referee Fees, Inheritance Tax Appraiser Fees, and Other Fees (Order, March 2, 2018) Probate Referee Fees In accordance with Iowa Code 633.21, probate referee fees shall be allowed a fee for such service based on the gross assets of the estate listed in the probate inventory. Total Assets Fee Under $15,000 $15.00 Between $15,000 and $50,000 $25.00 Between $50,000 and $100,000 $45.00 Between $100,000 and $300,000 $75.00

, Ruth B. Klotz, Associate Probate Judge. Appellants claim the court erred in refusing their request to reopen an ... daughters, Diana Maldonado and Patricia Cranford. When the will was admitted to probate, the word “stirpes,” which ... into probate and Richard Delmege was appointed as executor. After the admission of the will, the inventory only

Probate Referee Fees, Inheritance Tax Appraiser Fees, and Other Fees (Order, February 20, 2018) Probate Referee Fees In accordance with Iowa Code 633.21, probate referee fees shall be allowed a fee for such service based on the gross assets of the estate listed in the probate inventory. Total Assets Fee Under $15,000 $15.00 Between $15,000 and $50,000 $25.00 Between $50,000 and 100,000 $45.00 Between $100,000 and $300,000 $75.00

transfers to a beneficiary on death. Accordingly, we affirm the judgment of the probate court. I. Background Facts and ... left ninety percent of Joseph’s residual estate to his daughters. Joseph’s will was admitted to probate on February ... of 3 the probate estate and were therefore beyond the reach of Rachel’s spousal allowance. The daughters

appeals probate court’s order terminating her guardianship. AFFIRMED. Craig H. Lane, of Craig H. Lane, P.C., Sioux ... Danilson, JJ. EISENHAUER, J. Guardian Jeanne Lane appeals the probate court’s order terminating her ... guardian ad litem, the probate court granted Jeanne’s petition and ordered limited visitation for Carrie and Donald

contract or after twenty-one years from the admission of said will to probate unless the claimant shall, personally, or ... is located within said twenty-one year period. In the event said deed was recorded or the will was admitted to probate ... twenty-one years from the admission of said will to probate unless the claimant shall, personally, or by the claimant’s

reopen a probate estate under Iowa Code section 633.489 (2009). Becky and Kent Lewis (“Lewises”), plaintiffs, sought to ... was admitted to probate on July 19, 1999. The notice of probate was published in the local newspaper with a second ... . The Lewises did not attend the funeral. During the probate of her estate, the beneficiaries contracted to sell

decedent appeals after the probate court overruled his motion to strike the amended report and inventory filed by the ... , Joan Mohr, Jerry’s sister-in-law, filed a probate inventory listing Jonathon Langerman as an heir to the Iowa estate ... and replies and other motions were made by the parties. Following a hearing, the probate court granted the

requires us to examine the interplay between two sections of the Iowa Probate Code that address deadlines to reopen ... relatives who had not been formally notified of the probate proceedings in 1993 reviewed the husband’s will. They ... by section 633.488 of the Iowa Probate Code, which provides a five-year time limit from the final report to reopen

, Paul D. Miller, Judge. Decedent’s surviving spouse appeals probate court’s ruling ordering decedent to be buried ... never executed a declaration under chapter 144C designating anyone else to make that decision. The probate court ... County probate court admitted Flo’s will to probate and appointed Mary Ann to act as the executor of the estate on June 22

anyone who wishes to appeal a heavily contested probate matter, can make the attorneys working for the executor, and ... authorizing it.” Van Sloun v. Agan Bros., Inc., 778 N.W.2d 174, 182 (Iowa 2010). The Iowa Probate Code allows the personal ... California Supreme Court held that extraordinary services compensable under its probate code “include work reasonably

to be made by the conservator and then approved by the probate court.2 ... requests were rejected by the probate court after having been resisted by either Smith or the State. On July 20, 2009 ... filed an objection in the probate court the next day, reiterating its view that funds for a consultant should be denied

later treated him as temporary administrator. 3 action as a probate matter. Deck also argues the district court ... the district court lacked probate authority, stating, The probate court of Iowa is not a separate and distinct court ... request for attorney fees was consistent with the probate code and the priority list we affirmed. See Iowa Code

District Court for Linn County, Ian K. Thornhill, Judge. A plaintiff appeals the probate court’s rejection of her ... admitted to probate March 1, 2013. Dennis appointed two of his sons, James Drahos and Michael Drahos, to serve as co ... -executors. The will devised Dennis’s property to his five children in equal shares. Kathy filed a claim in probate on

. ________________________________________________________________ Appeal from the Iowa District Court for Polk County, Ruth B. Klotz, District Associate Probate ... ) governs the nature of probate proceedings. It states, Actions to set aside or contest wills, for the involuntary ... appointment of guardians and conservators, and for the establishment of contested claims shall be triable in probate as law

. William Douglas Jr. appeals the district court‟s ruling denying his claim in probate for farm management fees and ... claim in probate for farm management fees and reimbursement for farm expenses paid. He contends the district court ... fiduciary, Robert Porter, as the administrator of the estate. On December 20, 2009, William Jr. filed a probate claim in

that Jane and Denny had her write and sign. Bernice died in January 2009, and her 2003 will was admitted to probate ... exception of Milo who had since passed away) filed a petition in probate court contesting the will. The petition alleged the ... and her 2003 will was admitted to probate. The district court concluded the claim accrued in early 2005, when Milo’s

with the probate court. Shortly thereafter, Shelton wrote to Rickabaugh explaining she would not sign the report ... representing Shelton and the estate, the clerk of court issued two probate delinquency notices for failure to file an ... interlocutory report. B. Benedict Estate Rickabaugh was hired by W. Edward Thompson to probate the estate of Ruth

probate fee in the Schoonover estate. Anderson stated Kersenbrock received the complete $2500 payment for the Schoonover ... premature probate fee in the Schoonover matter in violation of rule 32:1.5(a), and engaged in conduct involving ... . Kersenbrock herself acknowledged she needed to improve her bookkeeping procedure. C. Premature Probate Fee. Our

mother’s will was admitted to probate, Timothy (Tim) Miller appeals from the district court’s April 8, 2009 resolution of ... establishment of contested claims shall be triable in probate as law actions, and all other matters triable in probate ... shall be tried by the probate court as a proceeding in equity. Matters tried in equity are reviewed de novo. In re

Application for Admission to Roster of Mediators for Family Law and/or Probate Cases for the Fifth Judicial District Of ... Iowa Applying for: ☐FAMILY LAW MEDIATION ☐PROBATE MEDIATION ☐BOTH NAME: Click or tap here to enter ... Probate Cases for the Fifth Judicial District of Iowa. _/s/_______________________ ______________ Signature

conclusion in Melodie L., we cited two cases in which we previously considered whether “juvenile court referees and probate ... )); Iowa Code § 602.7103(2) (Supp. 1983). With respect to probate referees, on the other hand, we found the ... governing statute did not contain similar language expressly granting 9 probate referees jurisdiction to enter final

officer deed on March 2, 1994. On March 4, 1994, the probate court approved the supplemental final report of the estate ... contains the district court’s docket card for the probate action on the Helen Martin estate, the probate files were ... combination of the probate docket card and the abstract of the subject property. The Michael Martin estate’s December 30

. Nadine Lengeling appeals from the probate court’s finding that Gene Meyer did not unduly influence the decedent ... POTTERFIELD, J. Nadine Lengeling filed a petition to set aside probate of decedent Hedwig (“Haddie”) Meyer’s ... life, was generous to both her children and their families. The probate court concluded that “Nadine failed to prove

to a small estate, which was granted.1 Logan filed a request for executor fees of $8000, noting the probate ... therefore shall be followed by the parties.” Judge Ackley noted she was the administrative judge in charge of probate ... establishment of contested claims shall be triable in probate as law actions, and all other matters triable in probate

pleading guilty had “reached an unprecedented level of obstructionism in the probate court,” and requested the court ... witness’s interest in the trial.”). As for the amount of attorney fees the probate court ordered Moredock to pay to ... offered into evidence here, the court order entered in probate which states, in part, This matter comes on before the

and the other witness and then giving the will to the executor to probate without disclosing this fact. A division of ... argument a probate attorney could make to save the will.3 Prior to Benson’s death, he sent the will to Arizona for Pint ... so she could probate it. Haskovec did not disclose to Randall the fact that Pint signed the will outside the

admitted to probate. The will—executed on June 30, 2015—indicated Ronald was not married but had two children, Justin ... arranged to have notices of probate and appointment of executor published in the local newspaper for two consecutive ... publication of notice of admission of the will to probate or one month following the mailing of the notice to all heirs

real estate. On September 18, Janet, as executor, filed the probate inventory reflecting the real estate appraised at ... appointment of a guardian or conservator, or for the establishment of contested claims, probate cases are tried in equity ... . Iowa Code § 633.33 (2015). We determine the probate court was acting in equity in approving the referee’s report

. Marks neglected two probate estates and failed to cooperate with the Iowa Supreme Court Attorney Disciplinary Board ... neglected two probate matters and failed to cooperate with the Board’s investigation. At the hearing before the ... the relevant facts and circumstances, the Commission found Marks neglected the two probate matters and recommended

alleges an attorney forged the signature of a witness on a will and later filed the document in a probate proceeding ... witness. After Puckett passed away in May of 2009, Liles filed the will for probate. A vigilant employee in the ... , he admitted his conduct and expressed remorse. Meanwhile, the district court held a hearing in the Puckett probate

of Brady Clifford. In the alternative, Defendant requests that the Court order the opening of a probate 3 ... . Although a formal probate proceeding has not been initiated by the Court, the undersigned recommends to the Court that the ... died intestate.1 “The probate court of Iowa is not a separate and distinct court with powers and jurisdiction strictly

Court opinion in the Bill Lorenz probate case which should result in vacating our previous opinion, (2) Alice’s ... decision in the Bill Lorenz probate case, which must be given full faith and credit under the U.S. Constitution and ... accordance with our prior opinion the Nebraska probate case did not affect Alice’s Iowa claims under the Uniform Fraudulent

was not admitted to probate. The 11.98 acres and house passed to Elaine. After several years, Elaine quitclaimed the ... probate had passed for Ralph‟s will under Iowa Code section 633.331 (2007). These arguments would be relevant if the ... 1987 wills were being admitted to probate. They were not. Instead, Roger and Le Ann sought to admit them as

During the probate proceedings, Curtis and Cris filed a lawsuit challenging changes made by Geneva in her last will ... would pay that amount upon approval of the report. In November 2011, the probate court entered its order disapproving ... litigated. Jerry appealed the probate court’s order, and this court affirmed. In re Estate of Burger, No. 12-0002

district court admitted Glenn’s last will and testament to probate. On January 27, 2003, Elda filed a probate report and ... action filed within Glenn’s probate, the matters were consolidated for trial. During the trial, Randolph and Janice ... listed on the probate inventory are also assets of the estate because they were owned by Glenn at the time of his

Probate Referee Fees, Inheritance Tax Appraiser Fees, and Other Fees (Order, February 14, 2018) Probate Referee Fees In accordance with Iowa Code 633.21, probate referee fees shall be allowed a fee for such service based on the gross assets of the estate listed in the probate inventory. Total Assets Fee Under $15,000 $15.00 Between $15,000 and $50,000 $25.00 Between $50,000 and 100,000 $45.00 Between $100,000 and $300,000 $75.00

Appointment of Probate Referees and Fees, Inheritance Tax Appraisers Fees, and Other Fees (March 20, 2018) Probate Referee Fees In accordance with Iowa Code 633.21, probate referee fees shall be allowed a fee for such service based on the gross assets of the estate listed in the probate inventory. Total Assets Fee Not Exceeding $10,000 $15.00 Between $10,001 to $25,000 $25.00 Exceeding $25,000 $35.00 Uniform Inheritance Tax Appraisal

Court for Fayette County, Margaret L. Lingreen, Judge. Plaintiff appeals district court order distributing probate assets ... secured property is not affected by the preference provisions of the probate code. Id. at 111. Following our opinion the ... following decision of Iowa Supreme Court. The estate had valued the house on the probate inventory at $35,000. Due to the

Probate Referee Fees, Inheritance Tax Appraiser Fees, and Other Fees Administrative Order for Probate Rule (March 9, 2018) Probate Referee Fees In accordance with Iowa Code 633.21, probate referee fees shall be allowed a fee for such service based on the gross assets of the estate listed in the probate inventory. Total Assets Fee Under $15,000 $15.00 Between $15,000 and $50,000 $25.00 Between $50,000 and 100,000 $45.00 Between $100,000

’ competing claims and helps harmonize seemingly conflicting provisions of the probate code. Specifically, we must ... probate code embrace. 4 I. Factual and Procedural Background. On May 25, 2007, Edward Boesen purchased ... estate contends modern statutory codification has overturned these cases, and that the current probate code, when

. Appeal from the Iowa District Court for Polk County, Peter A. Keller, Judge. A ward appeals from probate ... orders entered by the probate court that declined to terminate the mother’s guardianship and also appointed her ... hearing, the probate court declined to terminate Stuart’s guardianship. It reasoned that Stuart continued to be in

asked to judicially adopt section 2–606 of the Uniform Probate Code involving ademption. Two brothers, the sole ... for the Minnesota property in a like-kind tax exchange. Steven also argues that we adopted the Uniform Probate Code ... adopt section 2– 606(a)(5) of the Uniform Probate Code (UPC) to analyze questions of ademption. 1. History of

. His will was admitted to probate on August 10, 1999. It provides in pertinent part: II. I give, devise and ... valued at $140,600. Notice of the probate proceedings was sent to the heirs listed in section III, but not to the ... . Marjorie died in 2008. During the probate of her estate, the heirs entered into a contract to sell the farm real

§ 633.33 (stating matters in probate are tried in equity subject to certain exceptions), but our resolution of this ... . § 633.646].” Jack W. Peters, Conservatorships and Guardianships under the Iowa Probate Code, 49 Iowa L. Rev 678, 685 (1964 ... probate code.1 2. Willful or wanton misconduct in the official discharge of the guardian’s or conservator’s duties

a represented party, taking a probate fee, business transactions with a client, trust account requirements and ... represented parties in the proceeding. During the probate of the estate, Pederson sought and received the second ... of the final hearing. Pederson also violated rule 32:1.5(a) by taking the second half of the probate fee prior to

. In February 2013, James filed claims against the estate in probate. In his first claim, James asserted, based ... compensation for expenses. The estate responds that James’s promissory estoppel claims are not permitted in probate, but ... in any event, the district court correctly determined his claims lacked merit. Contested claims in probate are tried

probate on March 22, 2011, and appointed himself executor of Betty’s estate, notwithstanding the fact Betty’s trust ... close Betty’s probate estate as she did not have any remaining assets or liabilities. Joe, Elizabeth, and Charles ... from rulings by the probate court on the denial of an executor’s application to discharge and final report is de novo

for noncompliance with Iowa Code section 633.647(1). III. Scope of Review. Prior to the adoption of the Probate ... for the establishment of contested claims shall be triable in probate as law actions, and all other matters triable in ... probate shall be tried by the probate court as a proceeding in equity. Iowa Code § 633.33. Leo’s objections did not

633.198 (2013) (court determination of probate fees); Iowa Court Rules 7.2 (probate fees) and 45.7 (advance fee deposit ... probate attorney fees be determined by the court using the same calculation. See Iowa Code §§ 633.197–.198. Although ... directly into the firm business account. A probate attorney may be paid one-half of the fees after the filing of

section 633.36 (2011). Section 633.36 provides, “All orders and decrees of the court sitting in probate are final ... trusts governed by chapter 633A, “[t]he district court sitting in probate has exclusive jurisdiction of the proceedings ... probate,” and this case was heard in probate, we conclude section 633.36 applies in the present proceedings. The Iowa

transferred funds and established a constructive trust to pay Alice’s alimony funded by all probate and nonprobate ... on February 20, 2010. Thereafter, Theresa, as Bill’s personal representative under the Nebraska probate estate ... court could order a constructive trust that could be administered in Iowa apart from the probate estate. And while

Iowa District Court for Page County, Greg W. Steensland, Judge. Estate heirs appeal from the probate court‟s ruling ... , P.J., and Potterfield and Mansfield, JJ. 2 POTTERFIELD, J. Estate heirs appeal from the probate court‟s ... other. Evelyn and Wilbur were married in June of 1976. 5 On April 29, 2009, the probate court filed its

Court for Polk County, Arthur E. Gamble, Judge. A probate claimant alleging legal malpractice appeals the grant ... malpractice in probate against the estate of his bankruptcy attorney Jerrold Wanek. The district court decided McCleary did ... ), does not apply to this probate matter. He also argues the grant of summary judgment was improper. Because section

performed establishing the guardianship in probate court. Greenwood defends the juvenile court’s decision ... with the court’s order, preparing and filing the necessary documents with the probate court. After the guardianship ... case was opened, the juvenile court transferred jurisdiction to the 3 probate court and closed the CINA cases

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