Iowa Recent Legal Answers from Lawyers

First, no one needs a beneficiary's Social Security number in order to make a distribution. Second, if the son is the executor, the son, not the lawyer, is responsible for making the distribution. Third, most states require a formal notice to a beneficiary, enclosing a copy of the Will and of the Order admitting it to probate. Fourth, none of this should ever, ever, ever be occurring over social media.... Read Answer

You can argue frustration of purpose, as many have due to covid.  In New York, at least, these arguments have rarely prevailed, but your facts are better than most.  You should review the contract, however, to see if it contains a "hell or high water"and/ or "force majeure" clause which would contractually pace the risk of some unforeseen event, such as the pandemic, on you.... Read Answer

Although it does not appeear as if anyone would be harmed in this case, you cannot cash your wife's check, and you can get into big trouble if you are caught forging her name on it.  You will either have to get the check reissued in your name or start an adminitration proceeding in court to handle your wife's estate and get the court to order that you can cash the check, either personaly or as the administrator of her estate.... Read Answer

The bank is required to file a Suspicious Activity Report and is at fault for disbursing funds to someone not entitled to them.  But you must become personal representative (executor or administrator) of your father's estate before you can bring an action.  If you have not done so, please contact a probate attorney who practices in the county in which your father lived.... Read Answer

The executor could try to enforce a promissory note or loan agreement if there were one.  But look at the Will carefully.  It may simply decrease your husband's inheritance by $4,000, which is his father's right.  Also consider how other beneficiaries, who may believe that your husband borrowed $4,000, may react if he claims a larger inheritance.  Is it worth it to damage and perhaps destroy those relationships?... Read Answer

First determine whether your father gave your brother, agent under his Durable [Financial] Power of Attorney authority to take the guns.  If not, report this to Adult Protective Services and ask a local probate attorney whether Iowa allows someone mentioned in the Will (presuming that you are) to bring a court action against a DPOA agent who violates his duty or whether your father, who named his agent, must do so.  The sheriff has no authority to act without a court order.... Read Answer

It is very difficult to prove undue influence.  Nor do you state that a court has declared that your grandmother lacked legal capacity to manage her financial affairs at the time this was done.  Your grandmother can make changes.  Someone acting under a Durable Power of Attorney can make changes IF the POA so states and IF that person would not be changing the estate disposition set forth in the Will.  If your aunt was that agent, contact a local probate lawyer about a suit for breach of fiduciary duty.... Read Answer

No.  You must submit his Will to a court for probate (proving).  The court will appoint an executor, usually the person named in the Will.  That person's duty is to gather the deceased's assets, pay his bills and distribute the rest according to the Wills.  You cannot bilk the hospital or any other creditor in hope of increasing your inheritance.  You only get what is left after paying the bills.... Read Answer

Good afternoon, I am sorry that this has happened to you, however, your situation is a commonplace today and most employers are or have let employees go.  Absent any discrimination, and there are many types of discrimination, you may not have a case, especially if your contract with the employer is at will.  I would suggest you should apply for unemployment for now, but more information is needed from you to determine if there was discrimination involved.  For example if all older employees were let go and younger ones were kept; or if more females / or males were let go, or only if certain ethnicity was let go.  You first need to concentrate on staying safe, then if your time permits you need to consult an attorney to know your rights.... Read Answer

The protection of your trade name depends on several factors. They include: Whether there is any other organization that owns the federal trademark offering similar goods and/ or services? Whether there is any state trademark registered with the secretary of the state (SOS) office offering similar goods and/or services? Whether your common-law mark "Blue Nile Organics" is generic, descriptive in nature? To resolve the above questions, you need to get a comprehensive trademark search report with the help of a trademark attorney. After reviewing the report, any trademark attorney can tell you whether your mark has a chance to get a federal trademark registration. Disclaimer: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/trademark-attorney/... Read Answer

I admire your optimism, and I hope that your prediction that your business will produce over $200,000 of annual income in a few years comes true.  Whether your business is an S or a C corporation,you can sell it through an asset sale or a stock sale, whichever structure works better.  Often the buyer prefers an asset sale where the corporation has significant obligations, as the new owner doesn;t want to be responsible for those obligations.... Read Answer

While you can (and should) consult an estate planning attorney (preferrably one who also practices elder law) and, if the size of your estate so indicates, a Certified Financial Planner, no one can assure that you will be comfortable until your death.  No one but you can control your spending.  No one can control your health or health or personal care costs.... Read Answer

Social Security Disability Insurance (SSDI) is advance access to Social Security retirement benefits for disabled people of working age who have paid into Social Security.  It converts to Social Security retirement benefits when someone reaches full retirement age.  You are probably thinking of something else -- like Medicare and/or Medicaid home health care and, if your mother's Social Security retirement benefit is less than $771/month, Supplemental Security Income.  Discuss this with a local elder law attorney.  You can find one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read Answer

It probably won't be hard, but if may be expensive becasue you may not be able to assert a claim against an out of state defendant in small claims court (check with the clerk of your local small claims court to see if its rules permit suing an out of state defendant there), which means that you'd have to sue in another court with higher court fees, unless you are close enough to your friend to be able to sue him in his local small claims court.  Of course, a Court can only give you a judgment.  Thereafter there are a lot of ways that you can try to collect, but ultimately if your friend doesn't have enough to pay the judgment, you may be able to force him into bankruptcy, but you will not be able to collect.... Read Answer