Estate Planning Lawyers in Des Moines

In probate proceedings, courts rely on the terms of a person’s valid Last Will and Testament as the next best thing to their live testimony for proving their intent. When a person reduces their final wishes to a legally valid Will, it is considered to be an authoritative source evidencing what is called their “testamentary intent.” In contrast, when a person does not leave behind a valid Will, they are deemed to have died “intestate.”

If you want to ensure that your property and assets end up where you intend them to be after you pass away, your estate planning attorney will use your Will as a foundational document for demonstrating your testamentary intent.

Our legal services concerning Wills include:

• Drafting Will provisions
• Reviewing and interpreting existing Wills
• Revoking old Wills
• Amending Will provisions
• Gifting real estate under a Will
• Gifting personal property under a Will

Iowa Probate Issues

Generally, the specific probate laws of a state govern how the remaining property of a decedent will be distributed upon their death. Probate laws give significant weight to the final wishes of the decedent when it comes to figuring out what to do with their assets when they pass away.

During probate matters, the court will appoint a person to act on behalf of the decedent before the court in administrating their estate. Under Iowa Code § 633.3, when the court appoints someone to administer an intestate estate, they are known as an “administrator.” Similarly, when the court appoints a person to represent a testate estate, they are called an “executor.”

The court supervises the administration of the decedent’s estate by an administrator or executor. Administrators must dispose of the decedent’s assets according to Iowa law on intestate succession. Executors are obligated to administer the decedent’s property according to their Will and Iowa probate laws.

At Hope Law Firm, our experienced estate planning attorneys in Des Moines can work with you regarding the following probate matters:

• Appointing administrators and executors
• Intestate succession
• Testamentary estate administration
• Duties of administrators and executors
• Resolving claims between beneficiaries of the decedent’s estate
• Handling claims from the decedent’s creditors

However, probate proceedings determine how to dispose of the decedent’s property and assets according to rules under the Iowa Probate Code. Even when a valid Will is involved, rules of construction and interpretation dictate how the court will ultimately resolve ambiguous terms in someone’s Will.

To avoid these risks, an effective estate plan could utilize trusts in conjunction with your Will to give you greater control over your estate.