Foss, Kuiken, Cochran, Helling & Willman, P.C. provide a full range of legal services including abstracts of title certified with the Iowa Title Guaranty Program.
Appellate Work
The law allows a party to appeal the decision or verdict to a different court (sometimes referred to as a “higher” court) to review the trial court process and decision and determine whether a mistake was made and why that mistake should change the outcome. In the Iowa state court system, these appellate courts are the Iowa Court of Appeals and the Iowa Supreme Court.
When a claim has gone through the litigation process, and a judge or jury has issued a decision or verdict, one or more of the parties may claim the decision or verdict is flawed because of some mistake made during the trial or litigation process. This is when an appeal may be filed.
On appeal, there is no further trial. The appellate courts review what happened in the trial court by examining court filings, a transcript of all trial proceedings, and exhibits presented. The attorneys prepare written legal briefs, or arguments, that reference relevant trial matters to explain why they believe a mistake was made that should change the outcome.
Ultimately, the appellate court renders a decision on whether a mistake was made and how the outcome of the trial must be changed, if at all. Sometimes, the appellate court requires the case to be retried.
Such appeals are governed by rules of appellate procedure. FKCH&W is prepared to advise you concerning whether an appeal should be filed and assist you in pursuing that appeal. This may involve an appeal in a case where FKCH&W has been trial counsel, or in a case where FKCH&W has had no previous involvement in the case leading up to appeal.
If you need to discuss an appellate matter, contact us today.
Banking
FKCH&W represents numerous banks and other financial institutions in all types of legal matters. These include:
- Collection proceedings to foreclosures
- Alternatives to foreclosures
- Replevins
- Breaches of contracts
- Suits on notes
In addition to collection proceedings, the Firm also represents financial institutions in matters involving loans to customers with:
- A review of loan and closing documents
- Preparation of loan opinions
- Preparation of loan agreements
- Preparation of subordination agreements
- Preparation of restructure agreements.
If you need to contact us to discuss a banking matter contact us today.
Business Entities
There are eight main types of business entities available in Iowa including:
- Sole Proprietorship
- General Partnership
- Limited Partnership
- Limited Liability Partnership
- Corporation (for profit)
- Non-Profit Corporation
- Professional Corporation
- Limited Liability Company
In a Sole Proprietorship, generally, the business and the owner are virtually inseparable. The owner of a sole proprietorship has complete control over all aspects of the business and taxes are paid at the individual’s personal income tax rate.
A General Partnership is defined by law as an association of two or more persons to carry on as co-owners of a business. General partners are personally liable for the debts of a partnership.
A Limited Partnership is an organization separate from its partners. A limited partner’s rights and liabilities differ from those of a general partner.
A Limited Liability Partnership is a newer type of entity which affords protection from personal liability to limited partners without adhering to the more formal requirements of incorporated entities.
A Corporation (For Profit) is the most complex form of the business organizations. There are two types of corporations for profit: closely held corporation (Subchapter S) and a publicly held corporation (Subchapter C). In a Subchapter S corporation, a smaller business is allowed to have “flow-through” taxation, as if it were a partnership. Subchapter C corporations are taxed as a separate entity. Consideration of federal tax laws play a significant role in determining whether a subchapter S election should be made.
Shareholders of a corporation are generally protected from personal loss for corporate debt except to the extent of their investment in company stock.
A Professional Corporation is an organization which allows professionals to practice together with many of the benefits of a for-profit corporation.
A Limited Liability Company allows individuals to formally organize themselves and to limit their exposure to personal liability while still utilizing the benefit of flow-through taxation.
The type of business organization that is best depends upon the circumstances of each situation and careful analysis. FKCH&W will be able to assist you in determining the appropriate choice of business entity for you and in drafting the necessary documents. Contact us today.
Business Transactions
In addition to advising clients on appropriate choice of business entity, FKCH&W represents many clients in all stages of business development, from the initial stages of organization to the acquisition of existing businesses.
- Financial matters
- Advice to officers and directors
- Preparation of documents
- Business development
- Acquisitions
- Sales activities
Our involvement can include contract negotiations as well as a review of documents, transactions, contracts, and regulatory matters. The firm can also provide guidance on matters such as:
- The sale of businesses or assets
- Shareholder buy-sell agreements
- Succession planning
- Employment agreements
- Non-competition agreements
If you need to discuss a business transaction, contact us today!
Civil Litigation
The litigation process involves the filing of a lawsuit on your behalf against the opposing person or entity, or the defending of a lawsuit that has been filed against you. Litigation is a structured court process where, if settlement cannot occur, a judge or jury resolves the dispute or claim at a trial.
The subject matter of such legal disputes is broad and varied. For example:
- If you’ve been injured in a motor vehicle accident, and another party is more at fault in causing the accident, then a personal injury action (or lawsuit) may be filed to seek compensation for your expenses and injuries.
- If the marriage relationship between you and your spouse has deteriorated to the point that there is no reasonable likelihood the marriage can be preserved, you may decide to file a dissolution of marriage action to dissolve the marriage and resolve outstanding property, debt, child custody or support issues.
- If you have a contract with another person or business, and the contract has been broken and you have suffered financial loss, you may need to file a breach of contract action.
Legal claims must be filed within a certain period of time or you can lose your right to make such a claim. The period of time in which you can file such a claim is governed by statutes of limitation. For example, most personal injury claims must be filed within two years from the date the injury occurred.
The litigation or trial process can be lengthy. Many cases, however, never go to trial because the parties are able to reach a settlement prior to trial. Settlement may occur through negotiation between the parties and their attorneys, through mediation with a private mediator, or with the assistance of a judge as part of a settlement conference.
The litigation process can be complicated and confusing. FKCH&W can help determine whether you have a viable claim, and can assist you in pursuing that claim. Certain claims in litigation are very specialized and complex and require representation by attorneys who are litigation specialists. FKC&H can also help refer you to such specialists should your case require it.
If you need to discuss a civil litigation matter contact us today.
Estate & Trust Administration
All of our attorneys are able to help with the various levels of estate and trust administration such as:
- Simple transfer to a surviving spouse
- Small estate procedures
- Winding up a living trust upon the death of the trustor or grantor
- Full formal estate administration
- Probate of the Last Will and Testament without formal estate administration
We will review the facts and circumstances in order to help the client accomplish the process of paying final debts, administration expenses, and taxes, and completing final distribution of assets to the appropriate beneficiaries.
Iowa Code provides various procedures for dealing with the property of a decedent, and we will help you follow the procedure that is most efficient and economical so that you can administer the estate while still complying with all tax laws and real estate title standards.
If you’d like to discuss an Estate or Trust Administration matter, contact us today.
Estate Planning
Estate Planning includes wills, trusts (including living trusts), and related forms of succession planning.
Each of the attorneys in the firm can help clients with varied estate, tax and business succession planning. Whether it is planning for the transfer of estate wealth to younger members of the family or the transfer of business interests to key employees or others, we help our clients deal with the various issues that arise in developing a solid plan of action.
Your attorney can help you coordinate the various manners of transfer of assets and ensure that such manners do not conflict with but rather complement each other. Wills, trusts, joint ownership with rights of survivorship, TOD and POD accounts, and beneficiary clauses are all considered in order to arrive at the most practical plan, and to save taxes where possible.
Our attorneys can also help you with powers of attorney, living wills and other financial planning issues.
If you’d like to discuss Estate Planning, contact us today.
Family Law
Family law involves all types of marital, family, and relationship issues. This includes:
- Dissolution of Marriage (divorce)
- Guardianships
- Conservatorships
- Pre-marital agreements
- Adoptions (local and foreign)
- Child Custody Litigation
- Modifications of divorce decrees
Divorce litigation may involve property settlement matters, including division of pension and retirement assets, spousal support, child support, and child custody matters. Some of these matters can be very complex, and can have tax implications.
If you need to discuss a Family Law matter, contact us today.
Real Estate
FKCH&W offers legal services associated with real estate transactions. Typically, when selling real estate a buyer/seller works with a realtor who helps them negotiate a purchase agreement. Your attorney will work with your realtor at all stages of the transaction to coordinate everything that needs to be done. If a realtor is not involved, we will assist in negotiation and drafting of the purchase agreement and other associated documentation required by law.
Once a purchase agreement has been signed, FKCH&W will, in the case of a seller, see that an abstract of title is prepared or continued to date and delivered to the buyer’s attorney. In the case of a buyer, we will, upon receiving a continued abstract on the property, examine the abstract and issue a title opinion that is consistent with Iowa Title Standards to ensure that the buyer is receiving a “clean” title.
Generally, mortgage financing is needed by the buyer to pay the purchase price and “close” the transaction. FKCH&W will work directly with your mortgage lender to coordinate everything for a smooth and timely closing. If you finance through a secondary market lender, you may need title guaranty certification through Iowa Title Guaranty. FKCH&W attorneys are certified through Iowa Title Guaranty to perform necessary services associated with your financing.
Once everything is in place for closing, a closing date and time will be coordinated and FKCH&W will represent you at closing, providing explanation and copies of all documentation for your records. If your attendance at closing is not possible, FKCH&W will work with you ahead of time to email or overnight necessary documents for signature, or to have you execute a limited power of attorney to allow the attorney to sign all necessary documents on your behalf.
Other real estate related services include, but are not limited to
- Commercial transactions
- Review of contracts
- Assistance with IRS Section 1031 “like-kind” exchanges
- Refinancing
- Landlord-tenant issues
- Easement preparation
- Abstracting services are available through FKCPC Abstracting
If you need to discuss a real estate matter, contact us today.
Tax Law
The attorneys at FKCH&W can help provide tax planning, tax preparation, and compliance services to individuals and businesses in a wide area of tax law, including:
- Income
- Employment
- Gift & estate
- Inheritance
- Sales
- Real estate
Our attorneys can provide counsel on tax-related choices for business entities to help you arrive at the best choice for your enterprise, whether it is a:
- Corporation – Chapter C or Sub-S
- Limited liability company to be taxed as a corporation, partnership or disregarded entity
- Simple partnership
Our attorneys can help you with Section 1031 like kind exchanges, tax advantaged sales or purchases of businesses, and setting up and qualifying tax exempt organizations.
If you need to discuss a matter of Tax Law contact us today.
If you need to discuss a case or legal matter, contact us.