Updated probate manual now available
2015 Probate, Trust and Estate Planning Law Manual, which has been updated from
the last edition published in 2013, is now available in the ISBA’s online
store. Much has changed since the last publication, and the new edition
incorporates updates resulting from case law and legislation through the year
The manual is designed to render assistance on a practical level
and, if properly used, to reduce the amount of time the attorney must spend on
the routine, repetitive matters present in the administration of every estate.
This allows the attorney to spend a greater proportion of available time on
those estate matters which require the exercise of judgment, experience and
legal training. It is not designed to be a scholarly treatise on the
substantive law for the administration of decedents' estates.
The manual also provides checklists to alert
attorneys to deadlines, elections and alternate procedures in an effort to
avoid problems in probating an estate. It contains the word "Duty” in red
letters alongside those functions that must be performed. And, it contains the
phrase "Best Practice” in purple type to identify the best court procedure determined by the Clerk’s Manual
Committee as approved by State Court Administration. In addition, highlighted
sections call the user’s attention to updates in the 2015 edition. And the term
"New Practice” highlighted in purple identifies those practices that have been
added to the current edition.
To purchase a copy of the manual, click here
(must be logged into the ISBA website) or visit the ISBA Online Store at the "Store” tab at the top of the ISBA
homepage, click on "Practice Manuals,” then click on "2015 Probate, Trust and
Estate Planning Manual.”
A message from
Iowa State Bar Foundation President Paul Tyler
I hope each of you have taken the opportunity to review the
Iowa State Bar Foundation Annual Report contained in the most recent issue of
the Iowa Lawyer magazine. In particular, I would call your attention to Bill
Scherle's message as the outgoing ISBF President. Simply stated, the ISBF needs
to significantly increase its assets if it is to continue to be a major source
of support for the ISBA’s efforts in educating the public concerning legal
concepts and fostering the improved administration of justice in the State of
As noted in Bill's message, the ISBF is commencing a
campaign to significantly increase the size of its assets and, as a centerpiece
of that effort, is seeking 100 lawyers willing to contribute $10,000 to the
ISBF (which amount can be paid at a rate of $1,000 per year). Each lawyer
making such a gift will be recognized on permanent signage located near the
ISBF Continuing Legal Education Center in the ISBA building. To date, we have
firm commitments from at least 25 lawyers to make such a gift and tentative
commitments from several more. The Iowa Judge's Association has also agreed to
support this endeavor.
As you consider your year-end giving, please give serious
consideration to becoming one of the 100 lawyers that we are seeking. If that
is just not possible because of other outstanding obligations, please consider
other more viable options such as: completing your initial pledge if you are an
ISBF Fellow; stepping up your giving category if you are an ISBF Life Fellow;
or if you are not an ISBF Fellow, letting us know of your interest in becoming
Pledge forms are included in the ISBF Annual Report and may also be obtained
by clicking here or
by contacting ISBF Liaison Mary Hill via email at firstname.lastname@example.org. Members of
the ISBF Board of Directors and ISBF Fellows President Phil Garland welcome
questions or concerns that you may have regarding the ISBF and the programs
supported by it as do I. Please feel free to contact me directly via email at email@example.com or by phone
at 515-246-4513 with any questions or concerns you may have as you consider
joining us in this important campaign.
Tax manual, planning for retirement benefits,
door prizes highlight 2015 tax school
discussion of the 1,200-plus-page tax manual, a presentation on recent
developments in planning for retirement benefits and door prizes were among the
highlights of the 2015 Bloethe Tax School held at the Des Moines Marriott Downtown
last week. An estimated 600 individuals attended the annual event.
Bibler, Lee Wilmarth and Dan Fretheim walked attendees through the tax manual,
which has become a staple in the ISBA-sponsored school. Robert Kirkland from
the American College of Trust and Estate Counsel (ACTEC) brought attendees up
to date on developments in retirement planning.
individuals returned home a bit richer after receiving the door prizes
presented by vendors and the ISBA at the end of the school on Friday. Beth
Becker and K.O. Myers each received a legal directory from Security National
Bank, which also sponsored the breaks during the three-day event. Ivan Miller
received a dozen golf balls from Robert W. Baird & Co. John Greve, received
a bottle of Templeton Rye from WalhTek, Inc. Phillip DeKoster received a $50
Visa card from Credit Bureau Services of Iowa. (The original winner was Richard
Anderson, but he payed the gift forward and asked that a second name be
drawn.) Timothy Reineke received software from Advance Logic. Brian Mensen and
Reyne See each received an Apple iPad mini from the ISBA.
manuals in hard copy or digital format may be purchased from the ISBA store.
Click here to access the store directly. Or, click on
"Practice Manuals” under the "Store” tab on the ISBA’s home page.
ISBA wishes to thank this year’s vendors. In addition to those mentioned above,
Iowa Title Guaranty, Iowa Agricultural Development Division, IPE 1031, Smart
Start, Iowa Legal Aid and Principal Financial Group provided information for
tax school attendees.
shown in the accompanying photo (from left) are Mensen, Reineke, Myers, Becker
Supreme Court Lawyer Trust Account Commission accepting grant applications for FY2016
Iowa Supreme Court Lawyer Trust Account Commission announced Dec. 4 that it is
accepting applications for grants under the Interest on Lawyer Trust Account
(IOLTA) program for the grant period beginning July 1, 2016. IOLTA program
grants are awarded to public purpose projects that provide legal services to
low-income persons in civil cases, to law-related education, and to other
programs that improve the administration of justice in Iowa.
to chapter 44 of the Iowa Court Rules, applicants must file one copy of their
application in paper form, and one copy of their application in electronic
form. Organizations may obtain a copy of the rules and grant application forms from
the Lawyer Trust Account Commission, Judicial Branch Building, 1111 East Court
Avenue, Des Moines, Iowa 50319, by calling 515-725-8029, or by emailing
requests to firstname.lastname@example.org.
Application forms also may be downloaded from the commission's
web page on the Iowa Judicial Branch web site.
Commission must receive completed grant applications no later than 4:30 p.m.,
Friday, March 4, 2016. The Commission will review the applications and seek
approval from the Iowa Supreme Court for awarding the grants. Grant recipients
will be announced in late May or early June of 2016.
Iowa Economic Development Authority position available
The Iowa Economic Development Authority currently has a tax and compliance counsel and legislative liaison position available. The successful candidate will play a key policy making role on the Iowa Economic Development Authority Executive Team. The counsel/liaison will be required to work in a fast-paced environment and must feel comfortable advising and making recommendations to key executive personnel regarding the IEDA’s tax incentive programs and federal and Iowa tax law and rules.
The successful candidate will have experience: representing a state agency or business before the Iowa Legislature or another legislative body or the executive branch as a legislative liaison or otherwise; drafting laws and rules and providing guidance and direction regarding drafting rules and laws; negotiating, drafting and revising contracts regarding complex transactions; providing guidance and direction regarding contract compliance issues; and providing guidance and direction regarding compliance. The position will be housed in Des Moines, Iowa, at the Iowa Economic Development Authority. Salary range is $90,064.00 to $128,065.60.
For more information about the position, click here. To apply, send cover letter and resume no later than December 21 to email@example.com.
|In Other News ...|
2 Texas cases before SCOTUS could have big implications for race in the US
the week of Dec. 7, the Supreme Court will hear arguments in two of the most
high profile and likely most important cases of the term. On Tuesday, Evenwel v.
Abbottwill be argued, which concerns how voting districts should be drawn
for state and local elected bodies. On Wednesday, the court again will hear
arguments in Fisher v. University of Texas, which is about what
public colleges and universities must prove in order to engage in affirmative
action. Interestingly, in both cases, politically conservative challengers are
asking the court to overturn actions by the state of Texas that have
potentially great implications for race in the United States.
family precedent at Iowa Law
Hannah Shirey reflects on her lineage, it’s no surprise she wound up at the
University of Iowa College of Law. But Shirey—who became the fifth generation
of her family to attend the UI College of Law this fall—wasn’t always certain
she’d be a Hawkeye. After graduating from Colgate University in central New
York with a degree in both anthropology and Middle East and Islamic Studies in
2011, Shirey jumped in to nonprofit work in New York City. Though her
experience was rewarding, she says she quickly found herself needing to
qualify her statements to clients.
US Supreme Court to hear dispute between EEOC, Iowa company
The U.S. Supreme Court will consider a long-running
dispute between the U.S. Equal Employment Opportunity Commission and a major
Iowa trucking company. The court granted a petition Friday by Cedar
Rapids-based CRST Van Expedited Inc. to review a decision of the 8th
Circuit Court of Appeals.
Des Moines Register
|The Iowa Lawyer Weekly is an electronic newsletter published every Wednesday. Please submit comments, letters to the editor, articles, or photos, to firstname.lastname@example.org. Contact information should be included with submissions. The ISBA reserves the right to refuse any submission but will take all submissions into consideration for future publication.|
SUPREME COURT OPINIONS
STATE OF IOWA vs. ANDREW JAMES LOPEZ
review from the Iowa Court of Appeals. Appeal from the Iowa District Court for
Story County, Steven P. Van Marel, District Associate Judge.
resentencing based on the prosecutor’s alleged breach of a plea agreement.
DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT SENTENCE VACATED; CASE
REMANDED FOR RESENTENCING.
of IOWA vs. CHANSEY JORDALE LEWIS
review from the Iowa Court of Appeals. Appeal from the Iowa District Court for
Pottawattamie County, Timothy O’Grady, Judge.
Defendant seeks further review of
the court of appeals decision affirming the judgment and sentence following his
guilty plea to delivery of a controlled substance. DECISION OF COURT OF APPEALS
AFFIRMED IN PART AND VACATED IN PART; DISTRICT COURT JUDGMENT AFFIRMED AND CASE
REMANDED WITH INSTRUCTIONS.
IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs.
PAUL ARTHUR SILICH
review of the report of the Grievance Commission of the Supreme Court of Iowa.
An attorney contends the grievance commission’s recommended sanction for
violation of disciplinary rules is excessive. LICENSE SUSPENDED.
TIPS & TRICKS
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