Frequently Asked Questions

Yes. Estate planning is about more than the value of your assets. It also lets you name trusted decision-makers, communicate your wishes, plan for incapacity, and nominate guardians for minor children.

State law decides how certain property is distributed, which may not reflect your wishes.

Every three to five years, and after a marriage, divorce, birth, death in the family, acquiring or selling property, or a significant change in your assets.

Iowa’s inheritance tax does not apply to deaths on or after January 1, 2025. Illinois has its own estate tax, with an exemption far lower than the federal exemption. Unlike the federal exemption, the Illinois exemption is not adjusted for inflation and is not portable between spouses. Kansas and Missouri do not currently impose a state estate or inheritance tax.

A document that directs how your property is distributed after death, names your executor, and nominates guardians for minor children. A will does not avoid probate. Learn more about wills.

An agreement in which you transfer property to a trust you control during your life, with a successor trustee who takes over at incapacity or death. Learn more about revocable living trusts.

Anyone who owns titled assets such as a home and wants to avoid probate or plan for incapacity.

Yes, but co-trustees generally must work together on decisions, which can slow administration.

Yes. Tools such as charitable remainder trusts can be built into a plan.

A document naming someone to handle your finances if you cannot. Learn more about powers of attorney.

A document stating your wishes about life-sustaining treatment if you are in a terminal condition and cannot speak for yourself.

Your family may need a court-supervised guardianship or conservatorship to act for you.

Instructions on accounts and policies, such as life insurance and retirement accounts, that pass those assets directly to named people outside your will.

Without a contingent beneficiary, the asset may go to your estate or pass under state law.

Yes. A supplemental needs trust can provide for a loved one without replacing the public benefits they rely on.

Yes. A succession plan helps your business or farm continue as you intend.

Your plan can authorize someone to access online accounts and digital files, with instructions for where they are.

Estate planning focuses on legal documents that address your wishes for the future. Elder law also addresses aging-related concerns such as long-term care, Medicaid, incapacity, and asset protection. The two areas often work together.

Not necessarily. While earlier preparation may offer more options, families often still benefit from legal guidance after a loved one has entered a nursing home or care facility.

Medicaid planning involves preparing for possible long-term care needs while considering Medicaid eligibility rules. Starting early often provides more flexibility, but guidance can still be valuable when care is already needed. Learn about Medicaid planning.

Every situation is different. The answer depends on your assets, timing, family circumstances, and applicable law. An elder law attorney can explain the options that may be available in your situation.

Depending on your circumstances and applicable law, there may be strategies designed to protect certain assets for a spouse. An attorney can review your situation and explain your options.

When applying for long-term care Medicaid, asset transfers made during the five years before the application are reviewed. Transfers for less than fair value during that period can delay eligibility.

The spouse who continues living at home when the other spouse receives long-term care.

Your family may need a court-supervised guardianship or conservatorship to act for you.

A document naming someone to handle your finances if you cannot. Learn more about powers of attorney.

VA and Medicaid have different rules and look-back periods. A trust designed for VA may not meet Medicaid requirements. We plan for both when both may apply.

Yes. A supplemental needs trust can provide for a loved one without replacing the public benefits they rely on. Learn about disability planning.

Probate is a court-supervised legal process that may be required to administer certain assets after someone dies. Whether probate is necessary depends on the assets involved, how they were titled, and the applicable law.

The timeline depends on many factors, including the size of the estate, court procedures, creditor matters, and whether disputes arise. An attorney can explain what to expect after reviewing your situation.

State law decides who inherits the property, and the court appoints someone to settle the estate. The result may not match what the person would have wanted.

Depending on your circumstances, certain estate planning tools may simplify or reduce the probate process for some assets. An attorney can explain which options may be appropriate for your goals.

The person responsible for administering an estate manages assets, communicates with beneficiaries, addresses debts and expenses, completes any required legal filings, and distributes property according to the law or governing documents.

The person appointed to administer an estate in probate. Called an executor when named in a will, or an administrator when there is no will.

Yes. Probate is a court-supervised process for assets in a person’s name alone, with or without a will. Trust administration is handled by the successor trustee under the trust document and usually involves limited court involvement.

Successor trustees often benefit from legal guidance because they have ongoing responsibilities to the trust and its beneficiaries. An attorney can help explain those responsibilities and answer questions throughout the administration process. Learn about trust administration.

Document your concerns and seek legal guidance before taking action. An attorney can evaluate the circumstances, explain the fiduciary’s legal responsibilities, and discuss the available options. Learn about estate litigation.

Whether a will can be challenged depends on the facts of the situation and the applicable law. Simply disagreeing with the terms of a will is generally not enough. An attorney can review your circumstances and explain the legal issues that may apply.

Call us at (515) 727-0986 or request a consultation online.

Our offices are open Monday–Friday, 8:00 a.m.–5:00 p.m. Central. Meetings with an attorney are by appointment, so please call ahead or request a consultation online.

No. You can meet with an attorney at whichever of our six offices is most convenient.

We serve families throughout Iowa, Illinois, Kansas, and Missouri. See our attorney licensure page for the states in which each attorney is admitted.

It helps to start with the Three P’s: the important People in your life, your Property, and your Plans. Learn about becoming a client.