You can depend on exceptional mediation services from Willems Law Firm. This process greatly reduces stress in your situation. Listen to Judge Artis Reis discuss “Alternative Dispute Resolution“: 

Choosing a Power of Attorney can seem like a daunting task, but it is a crucial step in planning for the future. Your Power of Attorney (POA) will have the power to legally handle your financial and legal affairs in the event that you become incapacitated or are no longer able to make decisions for yourself. When you choose your Power of Attorney, there are a couple of things you should keep in mind. If you own your own business or have substantial business interests your Power of Attorney will become responsible for, you may want to consider choosing a person that has a thorough understanding of your business or business interests. If you have someone in mind you want to name as your POA, it might be beneficial to have a conversation with that person to discuss what their responsibilities would be and the depth of their financial and legal knowledge. In addition to the above considerations, there are also certain characteristics and qualifications that your Power of Attorney should possess. When considering potential POA’s, make sure the individual possesses most, if not all, of these qualifications. Your Power of Attorney should be someone who: Will act in your best financial and legal interest.  You trust and who understands your values. Has legal or financial experience. Has a comprehensive understanding of their duties. Will commit to taking those duties seriously. Is able to collaborate with attorneys and accountants. Knowing how to choose your Power of Attorney starts with knowing what your POA’s responsibilities will be. Before making your decision, sit down with your lawyer to discuss the potential duties of your Power of Attorney. Once you’ve outlined these duties, you can begin the decision-making process. Contact Daniel Willems to begin the process of choosing your Power of Attorney.

While common law marriage does exist in Iowa, it could be difficult to prove. The couple has to meet certain requirements for the courts to consider them married under common law. Additionally, once a couple is considered married under common law, they cannot simply walk away from the marriage if differences arise—they must be divorced by a court of law. Common-Law Marriage Requirements Though Iowa does not have a specific time requirement for a common-law marriage, for a couple to be considered married under common law, the couple must meet three elements: Present intent and agreement to be married by both parties; Continuous cohabitation; and A public declaration that the parties are husband and wife. These elements were laid out in In re: Marriage of Winegard, 278 N.W.2d 505, 510 (Iowa 1979) and again in In re: Marriage of Donetta Rae McWilliams and Aaron James Capalite 15-0909 (Court of Appeals, Filed Aug. 31, 2016). The appellate court in Capalite goes on to say that an express agreement is not required, but that element could be an implied agreement, meaning that one of the parties considers himself or herself as part of a marriage as long as the other party’s actions do not deny the actions and words of the party showing intent to be married. Furthermore, the parties cannot meet just one of these elements. Just because a couple lives together, it doesn’t mean they have a common-law marriage. Additionally, a couple will not be considered married under common law if they purport to be married only when it suits the current circumstances. The courts look to several factors to determine whether a common-law marriage exists, including but not limited to: Whether the couple has joint bank accounts; If a mortgage is in both names or in one party’s name; Whether the couple files tax returns as single or married/married filing separately; Whether the couple adds each other as beneficiaries to insurance policies; and Whether the couple has deeds and/or titles in their names together. To meet the third element, it must be publicly known that the couple is husband and wife. This may be shown by friends and family testifying that the treat the couple as married, receiving mail as ‘Mr. and Mrs.,’ or having each party’s relatives referring to the other party as in-laws. Divorce and Common Law Marriage The law looks at marriage as a contract between two people. Thus, a common-law marriage must be dissolved just as a conventional marriage is dissolved—through the courts. Essentially, you must break the contract, whether it is a settlement you both agree to or a court order. If one party denies that the couple was married, part of the divorce proceedings might be determining whether the couple was married. A couple in a common-law marriage is subject to all the tenants of divorce just as a couple who was registered to be married, including but not limited to: Spousal support; Child support; Custody and visitation issues; and Distribution of property, including real estate, personal property, retirement accounts and liabilities. Before you decide to act married in Iowa, take into consideration that you may be married in the eyes of the law. Contact an Iowa Family Law Attorney If you are in a common-law marriage and you decide to end the relationship, contact an experienced Iowa family law attorney, like Daniel Willems to help you with divorce proceedings. Request a consultation with Daniel to get started today.

Can a Person Buy and Sell a Home without The Help of A Real Estate Agent? No law requires you to use a real estate agent. Real Estate Agents provide many valuable services – including: Marketing; Contracts; Compliance with state and federal laws; Oversight of the various details and steps necessary to complete the transaction and financing; and Assistance managing disputes. Most people who sell or buy homes without the assistance of a real estate agent feel comfortable marketing their home. However, they are not aware of the various pitfalls related to contracts, compliance with state and federal laws, and transaction details. PROFESSIONAL ASSISTANCE IS NEEDED. If you are going to buy or sell a home without a real estate agent you need a REAL ESTATE ATTORNEY even before you put your home on the market. What Are the Risks of Not Using an Attorney when Buying or Selling Real Estate? While some transactions go smoothly and without a hitch, potential disasters await the unwary. Here are some examples: Example 1: A Seller used a contract for the sale of real estate purchased from an office supply store. The contract was not designed for use in Iowa. At closing, a dispute arose over responsibility for taxes and a faulty furnace. Without clear guidance in the contract concerning these issues, both parties are incurring attorney fees and may end up in court. Example 2: A Seller failed to use disclosures required by federal law. After the transaction, a child living in the home was discovered to have high blood lead levels due to conditions on the property for which disclosure and a warning were required. The Seller is now liable for: a) modification of premises to make it safe; b) the cost of testing for the child; c) attorney fees; and d) the child’s resulting learning disability. The Seller’s liability exceeds the purchase price of the property. Example 3: Sellers arrive at the closing table only to discover they had not prepared a document necessary for closing. Delay in the closing caused the Buyers to miss a deadline related to a lock on low-interest rates. Now the Buyers have to pay a higher interest rate and want the Sellers to reimburse them for the higher costs. Over the life of the loan, the increase in interest can equal tens of thousands of dollars. Thus you can see that in real estate transactions, “an ounce of prevention is worth a pound of cure.” Services and Fees The Law Office of Daniel W. Willems charges the following fees in “for-sale-by-owner” transactions: Initial consultation and preparation of OFFER TO PURCHASE, together with an instruction letter and blank disclosure forms; $450.00 (Additional consultations concerning counter offers and other matters are done by the hour.) Preparation of GROUNDWATER HAZARD STATEMENT, STATEMENT OF VALUE, and DEED. $75.00 Title Opinion for residential property: Initial and final $200.00 Condominium $225.00 You do not pay an additional attorney fee if we issue Iowa Title Guaranty commitments and certificates. You will pay Iowa Title Guaranty premiums. The attorney receives additional payments from Iowa Title Guaranty for completing a certificate. Additional attorney fees may be charged for certain non-standard endorsements. Standard title cure documents. $100.00 to $250 depending on the issue. -Does not include obtaining signatures on documents or filing fees. Prepare closing numbers: $200.00 Review a HUD statement. $150.00 Attend closing in Cedar Rapids $250.00 Notice: The stated fixed fees will be available only to clients whose matters are encompassed within the described services. For matters other than those listed above, the client is entitled to request a specific written estimate of the fees likely to be charged. Fees listed herein are good to the end of 2023. Do you have any questions about finding the right Real Estate Attorney? Learn more on our Real Estate page or contact us for a current list of Real Estate Services and Fees.

Iowa has four types of adoption: International, private domestic, foster care and step parent adoption. The type of adoption you choose depends on how you want to adopt and the age of the child. While children of all ages are available via all three methods of adoption, one type of adoption agency may not have a child of the age you wish. For example, if you want to adopt a newborn, you may have better luck with a domestic private adoption agency instead of foster adoption. Step parent adoption differs greatly from the other three types of adoptions in Iowa. Because of this, we will just be focusing on international, private domestic and foster care adoption in this article. If you would like to learn more about step-parent adoption, please refer to our article Step Parent Adoption in Iowa. International Adoption International adoption is the most difficult type of adoption because the adoption is governed by the country where the child currently lives. The adoption is also finalized in that country. Additionally, if the country is part of The Hague Adoption Convention, its laws will govern the adoption. When you choose to adopt internationally, you should always have an adoption lawyer to help you through the process so as not to incur delays. Foster Adoption Foster adoption has many children of all ages and races that need a good family. Often, the children are in foster care with siblings. While you could adopt just one of the siblings, it is better to keep the kids together. If you want to adopt just one child, private domestic adoption might be a better choice for you. Private Domestic Adoption Private adoptions are handled through private adoption agencies. As with any type of adoption, you have to follow the rules that govern adoptions for Iowa. You have a better chance of finding an only child through private domestic adoption since the foster adoption program often has siblings from families that have had their children removed by the state. The Adoption Process Regardless of the type of adoption you choose, you will have to be “checked out” before you will be eligible to apply to adopt a child. You may have to: Complete an initial application to get entered into the system. Attend orientation. If you and a spouse or partner are adopting, you both will be required to attend. Submit to background and fingerprint checks to ensure that you don’t have a criminal history. Attend training classes. These may be of various lengths. If you are adopting through the foster program, the training classes are 10 weeks. Obtain additional training including but not limited to CPR training and medication management. Adopting through the foster system requires you to have additional training including mandatory reporter training, universal precautions booklet and the RPPS video training. A home study may be required. A psychological evaluation may be required. How Long Does the Adoption Process Take? The process could take up to a year. It depends on how soon you are able to get through the requirements and the speed of the adoption agency in processing the requirements. Once you do get through the process, it may take some time to find a child that “fits” with your family. You may choose the first child you meet or you may not meet “the one” even after you’ve met several children. This applies more to those who want to adopt an older child. Adopting a child is not just bringing someone home to take care of him or her. If you like outdoor activities and want to adopt a child who is 8 or 9 years old, the child you choose should also be interested in outdoor activities. Likewise, if you are the type to stay home and hold get-togethers at home, you won’t want to choose a child who is very active and likes outdoor activities or sports. Contact Willems Law Going through the adoption process is not something that should be taken lightly. The process could be difficult, especially if you are adopting a not-yet-born baby or if you are adopting someone from out of the country. Contact Willems Law if you are considering adopting a child to discuss your preferences and the process for your preferences.

Have you ever wondered “Why should I have a Will?” To understand the importance of a Will you must understand what happens to your property if you die without a Will. This is a summary and there are exceptions to the discussion which follows. For the application of the laws to your specific situation, you should consult an attorney. PROPERTY DIVISION WITHOUT A WILL: Property that is owned “jointly” with another person becomes the property of the survivor at the time of death. All life insurance proceeds and death benefits go to named beneficiaries. Annuities and other investments with named beneficiaries will be given to those named. Generally, all other property passes through the probate estate of the person who died. The division of this property is determined by the laws of the state where the person resided or where real estate is located. In Iowa, the division of property where there is no Will is determined by the law of “intestate succession” (Iowa Code 633.211-633.223). Just how the property remaining after payment of debts and estate charges is divided depends on a combination of marital history and descendants: A. A person dies with a surviving spouse with no children belonging a prior mate: In this case, all property, whether real estate or personal property goes to the surviving spouse. B. A person dies with a surviving spouse and children from a prior mate: The surviving spouse will receive one half of all real estate, all personal property “that, at the time of death, was in the hands of the decedent as head of the family” and one half of all other property. The rest is divided as discussed under C below. However, the surviving spouse gets at least $50,000.00. C. A person dies without a spouse and has children: The natural and adopted children of the decedent share the estate equally as described in part D below. D. Descendants: Children of the deceased share equally in the property. If a child has died without descendants, the child gets no share. If a child dies with descendants, that child’s share is divided equally between the child’s descendants at the next generation. If individuals further down the family tree have died, the distribution described in this paragraph repeats itself for each successive generation. E. No surviving spouse/no descendants: All property goes to the deceased’s parents in equal shares and if one parent is alive, to that parent. If no parents are alive, then the property is given to the children of the parents under the rules of paragraph D. F. (Escheat) Paragraphs D and E are repeated up the ancestral chain and if no relatives are found then the process of paragraphs D and E is repeated for any spouse and that spouse’s family tree. If a relative still can not be found the property goes to the state of Iowa. Ten Common Reasons for Having a Will 1. To give a treasured heirloom or gift to a particular person. 2. To devise one’s own scheme of property distribution instead of the method dictated by the State’s laws of intestate succession. 3. To create a trust to manage assets and financially care for minor children or dependents. 4. To ensure that a present spouse, children from an earlier marriage, and step-children share assets of the estate in a manner considered more fair or realistic. 5. To equalize at death the inequities that may have been caused by more support or gifts going to one child during the life of the parent. 6. To equalize at death the benefit one person may receive because they have joint ownership of property compared to those who will only share in the benefits of the probate estate after death. 7. To give to a charity. 8. To advise the court as to who should care for minor children. 9. To control who handles financial affairs after death. 10. To plan in such a way as to reduce tax consequences of after-death transfers. Use an Attorney An attorney can stimulate your thoughts and aid your estate planning. An attorney understands how the form, order, and language of a Will may be interpreted by a court. Each person’s situation is unique and requires a unique Will. For assistance in estate planning or to discuss how to create your own Will, request a consultation with Willems Law.

If you’re single, estate planning may be the last thing on your mind. Estate planning when you’re single is just as important as when you’re married – if not more! Dying without A Will If a person is married and dies without a Will, their property is divided under the law of intestate succession. Their assets will pass along to their spouse and children. If they have no children, the spouse will inherit everything. In comparison, if a person is single and dies intestate, their assets go to their closest first-degree relatives. If they have children, the children will receive the inheritance. However, if there are no children, all the assets will be split evenly between surviving parents. If no parents survive then assets get split evenly among siblings (or their descendants). In the case of a person dying with no surviving relatives, the assets will go to the state. Benefits of Estate Planning when You’re Single Whether you have children to whom you’re leaving your estate or you simply want to make sure your assets are in order, there are many benefits of estate planning when you’re single. One of the biggest advantages to estate planning is getting to choose where (who) your money, property or assets go. This may include relatives, friends, or charities. In addition, estate planning enables you to choose who has control over your medical decisions if you are no longer able to make those decisions for yourself. This person is known as your medical power of attorney and should be a trusted friend or family member. When it comes to estate planning, it is very important to give specific instructions on how you want your affairs managed. Once in writing, your instructions must be followed by the estate executor or those agents authorized by a Power of Attorney document. Estate Planning Requirements There are many pieces that make up the whole of your estate plan. To ensure your estate is allotted properly following your death, work with an estate planning attorney on these critical documents: A Will Medical Power of Attorney Living Will Financial Power of Attorney Standby Guardianship and Conservatorship Working with An Estate Planning Attorney If you are ready to begin planning your estate or you’re just interested in learning more about working with an estate planning attorney, contact Daniel Willems. Request a consultation.

When child custody and/or visitation plans are made, agreed to, and documented in writing, it is called a parenting plan. Parents often build their own plans. However, guidance from an attorney is essential to ensure the plan is workable and considers all the important factors. If parents cannot agree, a plan will be created and ordered by a judge. Not surprisingly, you may find divorce proceedings to be smoother if the parents are able to come to an agreement about some or all of the parenting plan. The most obvious factor to decipher is scheduling: When will I have the kids? When will they go to the other parent’s home? What do the exchanges look like? However, until it comes to the point of separating parenting duties, several topics may be overlooked that you should consider: The Child(ren) Your highest priority should be not only the physical needs of the children involved but also their social and emotional needs. Consider the timing of exchanges, community, siblings or other family relationships, travel time, lifestyles, capabilities of each parent, preferences of the child, and any history of danger or abuse. Expenses Are you going to share the cost of things like medical co-payments or daycare fees? If a parent wants to enroll the child in an after-school activity, who will pay for that, and who will be responsible for transportation to/from the activity? It may be decided that child-related expenses will typically be covered by the child support, or expenses such as child care, extracurricular activities, summer camps, travel, etc. will be paid for by one or both parents. Healthcare How will dental or medical decisions be made? If a child is sick, who will take time off work to stay with him/her? Education Will both parents attend parent-teacher conferences or other events? Who will decide if the child misses school for travel or other reasons besides illness? What school will the child attend? Miscellaneous Factors You may want other items covered in your parenting plan such as diet, religion, values, safety requirements like bike helmets, disciplinary actions, structured bedtime, limitations for use of electronic devices, and many other things that may be important to you. Now is a good time to address these so an agreement can be drafted to avoid future discord. If you cannot create a plan together, consider recording your ideas separately on the above topics and review them with a family law professional such as Daniel Willems.

What would happen to your child if you died or became too disabled to provide care? It’s understandable that no parent likes to think about these questions, but in addition to creating a will, you must give this thought to create a plan for your child. What Happens to Your Child if You Die or Become Disabled? If you die or become disabled while your child is a minor, your child will typically be cared for by their other parent, even in cases of divorce. If both parents pass away, and you have not made other provisions, your child may end up in the foster care program or have a court-appointed guardian. The law allows you to name a guardian for your child, someone who can provide care for your child if you are unable to do so. Naming a trusted guardian who knows and loves your child can bring you peace when you contemplate the unthinkable. The guardian’s role is to take care of your child, the way you would, and to make decisions in their best interests. Since the guardian will care for your child until they reach 18, it’s important that you choose someone you trust — and more importantly, someone your child trusts. Considerations when Appointing a Guardian The best guardian for your child is someone who is willing and able to care for them and who shares values with you. To narrow down the pool of potential guardians, ask yourself: Is this person physically able to care for my child? Is this person financially stable? Does my child already have a bond with this person? Will my child have to move or change schools to live with this person? Does this person have children of their own, and how will this affect my child? Does this person share religious and personal values with me? Will this person be a good parent for my child? Many parents choose an alternate guardian, in addition to the primary named guardian. This provides a legal backup in case the person you named is unable to serve as guardian. Some parents name co-guardians to share the responsibilities. You may wish to name a brother and sister-in-law as co-guardians, for example. It’s a good idea to talk with anyone you’re considering appointing a guardian first. Don’t assume that an aunt or a cousin will be willing to take care of one or more children if something happens to you. If you have multiple children, you must decide whether to split them up or ask one person to take care of all of them. A family law attorney can help you complete the right paperwork to name a guardian in the event of parental death or disability. Think carefully about who is the right choice to care for your children, then complete the paperwork so you know your children are provided for, just in case anything happens. Contact Daniel Willems to learn more about planning for your child’s future care.