Iowa Wills Lawyer

When you are interested in protecting your legacy and estate on behalf of those who will inherit your assets, it may be in your best interest to consult a wills lawyer in Des Moines, IA. At The Law Group of Iowa, we help people to plan their estate in a way that is practical and affordable, while safeguarded it from creditors and others who might not have the estates’ best interest in mind. Without planning your estate, which typically begins with a will, your heirs or beneficiaries will almost certainly have to go through the probate process. This can take months, even years, and burden them with high fees that could have been avoided. If you do not wish them to go through a similar situation, consider calling a Des Moines, IA wills lawyer now.

The Basic Estate-Related Terms You Should Know 

Many people have a very basic understanding of what a will, estate, or trust is; however, it is equally common for people to be confused about what these terms actually mean. As a wills lawyer in Des Moines, Iowa, we would like to explain some of these terms so that you can proceed with your estate planning in a way that is well informed and accurate. If you have any further questions, you can call a wills lawyer in Des Moines, Iowa.

A Will

A will is a legal document that contains instructions written by the drafter of the will that will dictate how their assets should be distributed after they die. Wills also might include things like who should take care of their pet, whether they are to be buried or cremated, or other special requests. As a Des Moines, IA wills lawyer might explain to you, it is technically possible to draft your own will; however, if there are any errors, it may be easier to contest the legal document in court. Errors could include the usage, or lack thereof, of certain language or punctuation, or failing to have a witness sign the will.

The Probate Process

Probate is a legal process that most estates must go through after the testator (creator of the will) dies. If there is no will or any other legal documents for the estate, probate is absolutely necessary. The exception to this may be when a trust exists or the estate is worth less than a certain amount (usually $50,000). Probate is court ordered and will be overseen by a judge who will make important decisions about the estate. If there is no will in place, the judge will decide who will get what. This can be avoided by talking with a wills lawyer in Des Moines, IA about estate planning.

Property That May Have to Pass Through Probate

Once a wills lawyer in Des Moines, IA reviews your case, you will have a better understanding of what assets will need to pass through probate. In general, any property, such as a house, that does not name an heir will have to be probated. Examples of assets that will need to be probated include:

• Houses
• Property
• Vehicles
• Boats
• Stocks
• Bonds
• Any financial account that doesn’t name a designated beneficiary

You can avoid the probate process by drafting a trust. On the other hand, you can make the probate process easier with a sound will. To learn more about your options, call a wills lawyer in Des Moines, IA today.

Iowa Wills FAQ

Planning for the future and what happens after you’re gone isn’t easy to think about, but it’s one of the most important gifts you can give your family. Without a valid will, Iowa’s intestacy laws determine who inherits your property, who raises your minor children, and how your estate is administered—decisions that may not align with your wishes. A properly drafted will ensures your assets go to the people and causes you care about, minimizes family conflict, and simplifies the probate process for those you leave behind. At Law Group of Iowa, we help clients create comprehensive wills and estate plans that protect their legacies, provide for loved ones, and give peace of mind knowing their affairs are properly arranged.

What Does A Will Accomplish?

Asset distribution directs who receives your property including real estate, vehicles, bank accounts, and personal belongings. Guardian designation names who will raise your minor children if both parents die. Executor appointment identifies the person who will manage your estate through probate. Specific bequests leave particular items to designated individuals you want to receive them. Residuary clause addresses all remaining property not specifically mentioned in other provisions. Disinheritance provisions can exclude people who would otherwise inherit under intestacy laws. Funeral and burial instructions express your preferences for final arrangements. We draft wills tailored to your family situation, assets, and personal wishes.

Who Needs A Will?

Parents with minor children should designate guardians rather than leaving courts to decide who raises their kids. Property owners want control over who inherits real estate and valuable assets. Blended families need wills ensuring current spouses and children from previous relationships are provided for. Business owners should address what happens to company interests upon death. Unmarried partners won’t inherit anything under intestacy laws without wills naming them as beneficiaries. Anyone with specific wishes about who inherits or who is excluded needs a will. Young adults establishing their independence should have basic estate plans in place. We help people at all life stages create appropriate estate planning documents.

What Happens Without A Will?

Intestate succession laws determine who inherits based on family relationships rather than your preferences. Surviving spouses receive some but not necessarily all assets with children also receiving shares. Children inherit equal shares even when circumstances make equal division inappropriate. Unmarried partners receive nothing no matter how long relationships lasted. State-appointed administrators manage estates rather than people you would have chosen. Court proceedings take longer and cost more without wills providing clear instructions. Family disputes often arise when intestacy laws produce unexpected or unwanted results. We prevent these problems by creating wills reflecting your actual wishes.

How Are Wills Executed Properly?

Written documents signed by testators are required—oral wills generally aren’t valid in Iowa. Testamentary capacity means you must understand what you own and who your heirs are. Witness requirements mandate that two competent adults witness your signature. Self-proving affidavits signed before notaries eliminate need for witnesses to testify during probate. Free from undue influence means wills must reflect your true wishes not pressure from others. Proper storage in safe locations ensures wills are found when needed. We ensure all formalities are followed making your will valid and enforceable.

What Is The Probate Process?

Filing the will with the court initiates probate proceedings after your death. Executor appointment gives your named representative legal authority to act. Asset inventory and appraisal establish the estate’s total value. Creditor notification allows claims against the estate to be filed and paid. Tax returns including final income tax and possible estate tax must be filed. Asset distribution to beneficiaries occurs after debts and expenses are paid. Estate closing finalizes the process releasing the executor from further duties. We guide executors through probate administration ensuring proper procedures are followed.

Why Do Wills Require Updates?

Major life events including marriage, divorce, births, and deaths change family circumstances. Asset changes when you acquire or sell significant property affect distribution plans. Beneficiary changes reflect evolving relationships and shifting priorities over time. Executor availability may change if named individuals die, move away, or become unable to serve. Tax law changes sometimes require updating estate plans to maintain tax efficiency. Address changes across state lines may require new wills complying with new state laws. We recommend reviewing wills every few years and after significant life changes.

How Do Wills Work With Other Estate Planning Tools?

Beneficiary designations on retirement accounts and life insurance supersede will provisions. Joint ownership with right of survivorship passes property outside probate directly to survivors. Transfer-on-death deeds allow real estate to pass without probate. Trusts handle assets placed in them according to trust terms not will provisions. Powers of attorney address incapacity during lifetime while wills only take effect at death. Healthcare directives express medical treatment wishes when you cannot communicate. We create comprehensive estate plans integrating all necessary documents.

What Should You Do To Begin Estate Planning?

List all assets including real estate, vehicles, bank accounts, investments, and valuable personal property. Identify beneficiaries deciding who should receive what property. Choose an executor who is trustworthy, responsible, and willing to serve. Name guardians for minor children selecting people who share your values. Consider specific bequests of sentimental items to particular individuals. Think about contingencies including what happens if beneficiaries predecease you. Gather documents including deeds, account statements, and insurance policies. Contact us to discuss your situation and create a will protecting your family and honoring your wishes.

A properly drafted will ensures your wishes are honored and protects your family from uncertainty and conflict. A wills lawyer Iowa residents trust can create estate planning documents tailored to your situation, family, and goals. We make the process straightforward and affordable. We offer flat fee arrangements for standard wills and estate planning packages. Contact us today to discuss your estate planning needs and protect your legacy.