Wills & Trusts

Wills and trusts are the bedrock of just about any robust estate plan. These legal instruments can help Iowans of all ages address their most pressing concerns, whether that’s providing for the care of minor children in the event of a tragedy, preparing for a comfortable retirement, or protecting a legacy built over a lifetime of hard work. When you’re ready to plan for the future, an experienced attorney from Stuart Tinley Law Firm can sit down with you and explain how wills and trusts can achieve your goals.

Since 1861, our firm has been proud to serve the people of southwestern Iowa, providing them with the guidance and advocacy they need when faced with life’s most pressing legal matters. Let us help you too. Our compassionate and supportive estate planning attorney, Zachary Winter, will take the time to get to know you and understand your goals, advise you on what legal instruments can help you meet those goals, and then draft the necessary documents. Our objective is to give you the peace of mind that comes from knowing your house is in order.

Contact Stuart Tinley Law Firm today to schedule your initial consultation. Though we’re based in Council Bluffs, we make it a point to be available to people in the surrounding rural communities that make our region so special. If you can’t travel to meet us, we can arrange to come meet wherever is convenient for you.

Wills and Trusts: What They Are, And Why You Need One

Wills and Trusts are the foundation of any estate plan in Iowa. They serve as your voice in what happens to your property, your assets, and even your loved ones after you pass away. Without a valid will or trust in place, Iowa law — not you — decides how your estate is distributed. For families in Council Bluffs and throughout rural southwestern Iowa, this situation can create unnecessary stress, delays, and conflict during an already difficult time.

A properly drafted will or trust created by an experienced lawyer allows you to make clear decisions now so your family is protected later. It can help you:

Assign who will inherit your property and personal belongings
Name a guardian for your minor children
Choose the person who will manage your estate
Reduce confusion and potential family disputes
Ensure your wishes are clearly documented under Iowa law

While many people in southwestern Iowa think of wills and trusts as something that only mature adults need, this is a misconception that can have unfortunate consequences. The reality is that anyone who’s started a family or begun to accrue assets can benefit from a carefully considered will and/or trust.

What Happens If You Die Without a Will or Trust in Southwestern Iowa

If you die without a valid will or trust in southwestern Iowa, your property passes according to the state’s intestate succession laws. These laws primarily affect probate property, not assets that already pass by beneficiary designation, joint ownership, payable-on-death arrangements, or transfer-on-death arrangements.

If you are married, your surviving spouse may receive all or most of your estate. But if yours is a blended family, meaning that you have children who are not also your spouse’s children, Iowa law may divide the estate between your spouse and those descendants. If you are not married, your estate will pass to your children or other descendants, then to parents, siblings, nieces and nephews, and more distant relatives in that order. Your final wishes might not be honored.

Intestacy does not let you:

Choose who manages your estate
Leave specific property to specific people
Protect young or vulnerable beneficiaries
Provide for an unmarried partner or stepchildren
Make special plans for farmland, a home, or a family business

To do any of that, you will need to work with an experienced estate planning attorney who can draft a will and/or trust that gives you control instead of leaving those decisions to Iowa’s default rules.

Protecting Your Legacy with Trusts

A trust can give you more control over how, when, and why your property is managed or distributed.

A trust is a legal arrangement where one person or institution, called the trustee, manages property for the benefit of someone else, called the beneficiary. Different types of trusts can help you and your family:

Avoid probate, the court process of distributing an estate’s assets
Provide for children or grandchildren over time after your death
Protect assets for a loved one with special needs, a loved one with creditors, or a loved one that is financially irresponsible
Manage your property if you become incapacitated
Protect your assets from nursing home expenses

Trusts are not only for wealthy families. They can be useful for anyone who wants a more detailed estate plan. For example, a trust may help you leave money to young children without giving them full control at age 18, preserve a farm that’s been in your family for generations, support your surviving spouse while protecting children from a prior relationship, or keep important financial matters private.

A Council Bluffs trust lawyer with Stuart Tinley Law Firm can help you decide whether a trust belongs in your estate plan and what kind of trust fits your goals.

Revocable vs. Irrevocable vs. Testamentary Trusts

Trusts generally fall into three broad categories: revocable, irrevocable, and testamentary. Our estate planning lawyer can help you take advantage of one or all of these options.

A revocable trust is flexible because it can usually be changed, updated, or canceled during your lifetime. You can use a revocable trust to manage your assets, plan for incapacity, keep certain matters private, and make it easier for your loved ones to handle property after your death.

An irrevocable trust is much harder to change after it is created and funded. In exchange for giving up some control, an irrevocable trust may offer stronger planning benefits in the right situation, such as protecting assets from creditors, limiting your tax burden, or long-term care planning.

A testamentary trust is a trust created within a will and has the same flexibility of a revocable trust because it can usually be changed, updated, or canceled during your lifetime. You can use a testamentary trust, among other uses, to manage assets going to young or irresponsible beneficiaries.

Types of Trusts to Consider Adding to Your Estate Plan

Lawyer Zachary Winter of Stuart Tinley Law Firm can advise you on what trusts can help you achieve your specific goals. Here are a few that we can help you consider and then draft on your behalf:

A farm or family land trust can keep farmland in the family and provide rules for how land may be used, leased, sold, or transferred. This can be especially helpful when some children farm and others do not.
Business succession trusts help transfer interests in a farm corporation, LLC, or partnership while giving the next generation a clear path for management and ownership. This can reduce conflict between family members who are active in the business and those who are not.
Special needs or supplemental needs trusts help provide for a loved one with a disability without automatically disrupting that person’s eligibility for needs-based public benefits. It can pay for supplemental expenses that improve the beneficiary’s quality of life.
Testamentary trusts are created through a will and take effect after the grantor’s death. Parents often use this type of trust to manage money for minor children or young adults until they reach a more appropriate age.
Charitable trusts allow you to support a charity, church, school, or cause while also creating possible tax or estate planning benefits. These trusts can be structured to benefit both loved ones and charitable organizations.
Spendthrift trusts protect inherited assets from being quickly spent or mismanaged by a beneficiary. They can also provide some protection from certain creditors, depending on how a trust is structured.

These are just a few common types of trusts that we can help you enact. We’d be happy to discuss these and other options with you at our offices in Council Bluffs or somewhere more convenient to you.

Contact Our Wills & Trusts Attorney in Council Bluffs

Generations of Iowans in Council Bluffs and throughout the southwestern part of our state have trusted their legacies to the attorneys of Stuart Tinley Law Firm. We can help you plan for the future, whether you’re a young parent just starting out in life or a mature adult who wants to safeguard your legacy. Contact us today to schedule your initial consultation with our Council Bluffs estate planning lawyer, Zachary Winter, and let us give you the peace of mind that you and your loved ones deserve.

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