Resolving Fiduciary Litigation Matters And Accessing The Courts During a Pandemic

When the COVID-19 pandemic first reached our state back in March 2020, the Iowa Supreme Court suspended all in-person fiduciary litigation proceedings and proscribed attorneys from filing new probate lawsuits. The Court thereafter allowed estate dispute trials to move forward under restrictive conditions, but in September, ordered fiduciary litigators to conduct their civil court business remotely until summer 2021 at …

Warning: Excessive Probate Fees May Provoke Expensive Fiduciary Litigation

If you’re in the process of drafting a will or trust, you should think very carefully about who will personally represent you after your death and about the fees he/she may take while administering your estate. Executor earnings in Iowa for services rendered are fairly reasonable (as long as the estate faces no will challenges); however, your legacy may encounter …

Nine Real-Life Examples For Understanding Informal Fiduciary Relationships Better

What are informal confidential relationships according to Iowa law, and how do they affect interested parties who bring fiduciary litigation? Fiduciary positions have evolved over the years. What was formerly an easy-to-identify traditional fiduciary role now takes some investigation and scrutiny to discover whether an individual was in a confidential relationship with another party. Moreover, implied confidential relationships are harder …

Understand Fiduciary Relationships Like An Expert – Without Facing Costly Fiduciary Litigation First

Fiduciary relationships often arise in estate planning. A fiduciary assignment is one of trust and power, which is why the law imposes substantial burdens and duties on the individuals who accept the position. Fiduciaries must accordingly act honestly, fairly, loyally, and in good faith for the people they work for and must always place the principal or beneficiary’s interests above …