IA · rules
Iowa Ct. R. 39.13
Attorneys acting as fiduciaries
39.13(1) After January 1, 1974, unless a lawyer is the spouse of or is the son-in-law or
daughter-in-law of or is related by consanguinity or affinity within the third degree to the
decedent in an estate, the ward in a conservatorship, the settlor or beneficiary of a trust, or unless
such attorney is coexecutor, cotrustee, or coconservator with another party or parties and such
other party or parties will receive and pay out any of the funds, securities or other property of the
estate, trust, or conservatorship, such lawyer must not be appointed by a court in any fiduciary
capacity for an estate, trust, or conservatorship until the lawyer has posted a bond in an amount to
be determined by the court with sureties approved by the court, and no waiver of such bond will
be recognized by any court of this state. In the event the surety on the bond posted by the lawyer
is not a corporate surety, the surety thereon must not be the ward, any beneficiary or distributee
or be related to the lawyer, the ward, or any beneficiary or distributee within the third degree of
consanguinity or affinity.
39.13(2) A lawyer who willfully fails to comply with the provisions of this rule may be held in
contempt of the supreme court, or may be subject to disciplinary action as provided in chapter 35
of the Iowa Court Rules.
History
[Court Order November 9, 2001, effective February 15, 2002; December 10, 2012; December 13, 2017, effective January 1, 2018]
Provenance
- Source
- www.legis.iowa.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
f33298756411a65a3ec72a744413d34075ca97ee7b41fb0b7f674d03a99c6429
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