We work with individuals, families, trustees, personal representatives, and financial institutions to provide comprehensive fiduciary services. Our team assists with administering trusts and estates, acting as a guide to ensure that fiduciaries comply with their legal and ethical obligations. We also advise executors, trustees, guardians, and attorneys-in-fact on their duties, responsibilities, and potential liabilities.
For situations involving disputes, we represent fiduciaries and beneficiaries in addressing issues such as breaches of fiduciary duty, mismanagement of assets, conflicts of interest, contested accountings, interpretation of trust or will provisions, and disputes between co-fiduciaries or beneficiaries. Our attorneys also assist in preventing future disputes through careful drafting, documentation, and communication strategies.
Overview of Iowa Fiduciary Services
In Iowa, fiduciary services often involve three main areas:
Trust Administration: We guide trustees in managing trust assets, making distributions, maintaining accurate records, and providing required accountings. We advise on investment decisions, tax implications, and compliance with the trust instrument and Iowa law.
Estate Administration: We assist personal representatives (executors) in handling probate matters, from preparing and filing necessary court documents to gathering and distributing assets, paying debts and taxes, and closing the estate properly.
Guardianships and Conservatorships: We provide counsel to guardians and conservators appointed by the court to manage the personal and financial affairs of individuals who are unable to do so themselves. This includes advice on reporting requirements, fiduciary duties, and seeking court approval when necessary.
Common Fiduciary Expenses and Considerations
Typical expenses and considerations in fiduciary administration may include:
Court costs and filing fees
Fiduciary bonds (if required)
Tax return preparation and filing fees
Appraisals and valuations of estate or trust assets
Ongoing fiduciary compensation
Attorney fees associated with guidance, compliance, or litigation
For assistance with fiduciary services, please get in touch with Kate Kohorst (kate@kohorstlaw.com), Daniel Fischer (daniel@kohorstlaw.com), or Jennifer Plumb (jennifer@kohorstlaw.com).
HELPFUL Real Estate LAW RESOURCES:
Iowa State Bar Association – Probate & Trust / Legal Info for Probate
Iowa State Bar Association – Interactive Court Forms & Legal Forms
Iowa Legal Aid – Guardianship & Conservatorship: Words to Know
Iowa Legal Aid – Guardianship & Conservatorship: Your Rights as a Protected Person
Iowa Legal Aid – Determining if Guardianship or Conservatorship is Necessary
Iowa State University Extension / Ag Decision Maker – The Estate Settlement Process