Iowa Law Blog : Iowa Lawyer & Attorney : Sullivan & Ward Law Firm : Iowa Law Blog

An article in the Des Moines Register today reported that the percentage of unemployed Iowans fell to 4.2% in September. This is down 0.3% from August and up 0.4% from a year ago. The national unemployment rate is 6.1%. While Iowans seem to be better off than the rest of the country, Iowans in the 4.2% may be asking themselves “now what?”

If you are in the 4.2% of the population file an unemployment claim with Iowa Workforce Development. You may file a claim online or in person at your local IWD Center. The IWD has an informative guide which explains general questions about unemployment benefits. Benefit amounts depend on the amount of gross wages and the number of dependents you have. The maximum weekly benefit one can receive ranges from $361.00-$443.00.

To be eligible for benefits you must have lost your job through no fault of your own. In general, this means you must not have been discharged for misconduct. Misconduct is a defined term under the Iowa Administrative Code and is a source of a volume of case law.

During your benefits period you need to continually seek new employment. IWD will require you to submit a certain number of applications per week to employers. There are some exceptions, however, in most cases you will need to be actively seeking a new position. If you fail to seek new employment your benefits may cease. Your benefits may also cease if you fail to accept an offer of employment for a suitable position.

Unemployment benefits may not put you in a new position, but do provide some relief while finding a new position.

• Email This
• Print
• Comments
• Trackbacks

Todd Ratner of the Estate Planning Bits has a good post about the dangers of using estate planning software to prepare your estate plan.  Like the old adage goes, "you get what you pay for."  I have probated wills for individuals who drafted wills on their own and more often than not, mistakes were made, or believed to be made as it was unclear what the decedent intended.  When it comes to selling your house, performing surgery or handling your investments, most people don't try to do it themselves - they get an expert.  Putting together an estate plan that distributes your wealth, plans for your incapacity, and cares for your family is just as important and should be handled by an experienced attorney, not a "point and click" software program or on-line service.

Of course, I know there are cynics out there that believe that "you lawyers" just say these things to make money.  To which I respond - the cost and attorney fees in any court battle will quickly dwarf the cost of drawing up and executing a well-drafted will.  So go ahead, do your own estate plan and then have your family spend your money fighting over the money you "saved".

• Email This
• Print
• Comments (1)
• Trackbacks

Intestate is the "estate plan" for everyone who dies without a will.  Intestate is a term which refers to the state statute that each state has which dictates who receives your assets upon your death, if you don't direct otherwise by a will.  A common misconception is that the state gets it all.  That isn't necessarily true.  In fact, that very rarely ever happens.

However, many people may be surprised what does happen in certain situations under application of the intestate statute.  For example, assume John Smith is married to Mary Smith for over 30 years and have four kids together, including two that are still minors.  It is the second marriage for John and he has one child from his prior marriage.  John dies without a will owning assets in his name.  Who receives those assets as an inheritance from John's estate?

ANSWER:  Mary Smith, as the surviving spouse, only gets some of the assets, even though it was a long marriage and they have several kids together.  In fact, Mary would only receive, generally speaking, one-half of the real property and one-half of the personal property.  See Iowa Code 633.212.  There is a minimum of $50,000 that the surviving spouse gets to keep, so she might get more than half, depending on the assets and their values.  But you can imagine the interesting situation where the child from the first marriage is entitled to one-half of the property.  John is lucky he is dead as Mary probably isn't really thrilled with his procrastination to see a lawyer about getting his will done.

Doesn't seem fair or right? Maybe it isn't, but every individual can avoid that scenario by executing their own estate plan and avoiding surprise endings.

• Email This
• Print
• Comments (3)
• Trackbacks