(neglect of probate matters violated DR 6–
101(A)(3)). We also agree that the undisputed allegations support a
finding ... the
probate matter evidenced serious neglect, the board has provided no
evidence Fields was incompetent in this matter ... -month suspension in a disciplinary case involving a probate matter
and a personal injury case for neglect
at least 1937”). The Uniform
Probate Code stakes out a middle ground, authorizing no contest provisions but ...
allowing legal action to contest the will if there is probable cause for the filing.
See Unif. Probate Code § 2-517 (amended ... .”).
Although the Iowa legislature has “selectively incorporated” other
provisions of the Uniform Probate Code, it
failed to prove the money advanced was a loan
rather than a gift.
Claims in probate are triable at law. See In re
probate petition was filed in the Iowa District Court
for Emmet County to administer Jim’s father’s estate. Two months ... later,
another probate petition was filed to administer Jim’s mother’s estate.
The combined estates included property ... , Emmet
Cnty. No. TJCV018129; and
ii. In the Matter of the Estate of Darlene
Henricksen, Emmet Cnty. Probate Docket
Iowa Court Rules, the Iowa Rules of Probate Procedure, and the Iowa
Code. A division of the Grievance Commission of ... Rules of Professional Conduct, the Iowa Court Rules, the
Iowa Rules of Probate Procedure, and the Iowa Code relating to ... required by Iowa Code section 633.202 (2005),
and the probate court had not issued an order allowing Netti to collect
Potterfield and Mansfield, JJ.
2
MANSFIELD, J.
I. Facts and Procedural History.
This probate proceeding comes ... passed away. In 1994 a probate court order
was entered transferring the stock of Inns of Iowa to Patricia and the stock of ... previously
formed by Kenneth Gethmann were merged into GIC.
Probate of Kenneth’s estate was delayed by several factors
admitted to probate. The will
provides in pertinent part:
I bequeath all of the residue of my estate, not effectively ... probate, if she has predeceased me, this trust shall
be administered and distributed as follows:
(1) The trust assets ... .
5
Lois died in 2009 and her will, executed in 2001, was admitted to probate
on September 11, 2009. Lois bequeathed
died on March 15, 2006. On March 29, Martin filed a petition to
probate her will and trust. On June 6, 2006, Clesine ... probate shall be tried by the probate
court as a proceeding in equity.”); In re Estate of Todd, 585 N.W.2d 273, 275
(Iowa
probate estate to a designated beneficiary upon the
decedent’s death. Id. Although these assets are the personal
9 ... death or of the securities is included
in [the grantor’s] probate estate.”); see also Iowa Code
§ 633D.11(1) (2009) (“A ... grantor and the administrator of the account is not valid, the
property does not pass outside of the probate estate
things) failed to promptly return unearned fees after prematurely taking
probate fee payments for work that was not ... injury case
and a probate matter, took probate fees to which he was not entitled, and
misrepresented the decedent’s