Conrad Wills & Probate Lawyer, Iowa
Includes: Estate Administration, Living Wills, Wills
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Gail E. Boliver
Mass Torts, Wills & Probate, Business Organization, Banking & Finance, Products Liability
Status: In Good Standing
2414 South Second Street, Marshalltown, IA 50158
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LEGAL TERMS
TRUST MERGER
Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)
Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.
LAPSE
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.
PROBATE COURT
A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)
A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.
CERTIFIED COPY
A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certi... (more...)
A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certified copies of legal documents before permitting certain transactions. For example, a certified copy of a death certificate is required before a bank will release the funds in a deceased person's payable-on-death account to the person who has inherited them.
CONSERVATOR
Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of th... (more...)
Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of the estate.' One who takes care of personal matters, such as healthcare and living arrangements, is known as a 'conservator of the person.' Sometimes, one conservator is appointed to handle all these tasks. Depending on where you live, a conservator may also be called a guardian, committee or curator.
PUBLIC ADMINISTRATOR
Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to t... (more...)
Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to the state. Some states have public administrators who are responsible for temporarily preserving the assets of an estate if there are disputes about specific provisions in the will or about who will be appointed the regular administrator.
HEIR APPARENT
One who expects to be receive property from the estate of a family member, as long as she outlives that person.
SURROGATE COURT
See probate court.
UNIFORM TRANSFER-ON-DEATH SECURITY ACT
A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using... (more...)
A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using a simple form that names a person to receive the property after the owner's death. Every state but Texas has adopted the statute.
SAMPLE LEGAL CASES
IOWA SUPREME COURT ATTY. DISCIPLINARY BD. v. Casey
... The Iowa Supreme Court Disciplinary Board alleged the respondent, Marc Casey, violated ethical
rules by neglecting client matters, failing to timely disburse funds, misrepresenting the status
of an estate to the court, prematurely taking probate fees, and failing to cooperate with ...
IOWA SUPREME COURT ATTY. DIS. BD. v. Wagner
... The Iowa Supreme Court Disciplinary Board alleged the respondent, James L. Wagner, violated
ethical rules by neglecting client matters, prematurely taking probate fees, misrepresenting the
status of an estate to the court, failing to deposit unearned fees in his trust account ...
IOWA SUPREME COURT ATTY. DISC. BD. v. Marks
... In this disciplinary action, Samuel Z. Marks neglected two probate estates and failed to cooperate
with the Iowa Supreme Court Attorney Disciplinary Board ("Board"). ... The Board alleged Marks
neglected two probate matters and failed to cooperate with the Board's investigation. ...
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