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Iowa Court won’t rewrite Will to match intent

“My kids will do the right thing.” This statement is an ingredient for a recipe of headaches and bad blood between your children. When assets are unequally distributed under law, trusting your adult children to “make it right” is a risk you should avoid and can avoid.

Promises and conversations that are not in the Will are not legally enforceable and a recent Iowa Court of Appeals case confirms it in The Estate of Delores Todd.

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Estate planning after a divorce

Divorce is a difficult process. The last thing you want to think about it updating your estate plan. Lack of information is a common reason for inaction. See my checklist below on being prepared for every situation.

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Estate planning for all ages

People need a Will much sooner in life than they realize. Specifically if they want certain people or organizations to be the beneficiaries of their assets. Conversations about your wishes are not legally enforceable without a Will. Or your transfer of assets may not be set up to occur the way you intend.

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When You Punt

In life, there are opportunities to punt or go for the first down. Early in my practice of estate planning, I often saw individuals who started the will drafting process but would continually punt and not finalize the will. Ad hoc questions would be sent in 3-4 separate e-mails or the person would not commit to a signing date once the will was final. In Iowa, a will that is not signed is as useful as no will at all.

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Estate planning for busy parents

As a parent, spare time is for sleeping. But as you lie down, the lists start running through your head of “should do this” and “need to do that”. Every so often, the thought of a Last Will and Testament comes to mind. Specifically for the purpose of naming a guardian for your minor children. It is easy to brush off the task because getting a Will requires a self-imposed deadline. Here are a few things to get your estate plan in order and get your estate planning status to “I did do that!”

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Estate planning for married couples

After you say “I do” there is a combining of lives and of assets. Tangible, personal property is easy to combine because you see it in your home. Intangible property, like financial accounts have their own legal rules about “what is mine is ours” after the marriage ceremony.

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Save money with a Last Will and Testament

A Last Will and Testament is a love letter to your family. It gives instructions for your wishes and can prevent unnecessary expenses for your heirs. Saving money for your heirs may not be something that crossed your mind.

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8 Reasons To Set Up a Revocable Trust

A revocable trust can be an essential part of an effective estate plan — one that simplifies affairs for your family and ensures your wishes are carried out.

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Why Is Life So Hard?

We have reached the middle of the calendar year. The first half of 2020 is in the review mirror. This has been a banner year to set the stage for your brain and body to feel every emotion; the good, the bad and the ugly. I have had surges of joy and have been fraught with despair.

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Accepting Change

We just rounded the corner on a decade of this millennia. Time is going too fast for me. The older I get, the harder it is to keep up. After reflecting on a few things from the past decade, it isn’t a surprise that it is hard to hold on during the roller coaster of life. Things that existed in 2010 are now obsolete or replaced with something newer, faster and shinier.

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Never Enough

This blog post was knocking around in my head through the holiday season and resurfaced in the new year. During Christmas, there were many times I felt inadequate. How many gifts is enough? How many holiday gatherings is enough? Should I do more? Can I do more? Worry about all of these questions causes me to miss out on the joy that comes with gatherings and gifts. To abate the guilt, I wait until the 2 weeks (even 2 days) before Christmas to buy gifts so I don’t struggle with whether I am doing enough. And I participate in every gathering.

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Hurt

When you read the word "hurt" you immediately think of a situation in your life. In my practice, I watch people hurt. In some situations, hurt is part of the process. I relate "hurt" as a physical feeling to the emotion of grief. I also relate "hurt" as an emotional feeling that can be a response to what someone else said, did, or didn't do.

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