BELIEVE, INFORM,
EMPOWER & DEFEND
We are The Smith Law Firm, PLLC, and we help Iowa families navigate life's biggest transitions with clarity, compassion, and advocacy.
GUIDING YOU THROUGH LIFE'S CHALLENGES
We aim to provide dependable legal guidance for the families who make our community great. At The Smith Law Firm, it is our mission to understand our clients' needs and give them the best legal advice.
WHEN YOU NEED LEGAL HELP,
YOU NEED ADVICE YOU CAN TRUST
Having someone who has specific experience in the assistance you need is invaluable. At The Smith Law Firm, PLLC, we work in just a few areas of the law because we have built a tried-and-true system to address them.
PERSONAL INJURY
At The Smith Law Firm, we handle many types of personal injury cases, including slip-and-fall premises liability, pedestrian accidents, car, truck, and motorcycle accidents, medical malpractice and nursing home neglect, dog bites, and product liability.
ESTATE PLANNING
Estate planning should be a vital part of your life plans. It allows you to organize your assets and dispose of them as you prefer. Even more important, it allows you to make vital provisions for your kids and yourself.
BANKRUPTCY
For consumers who are anxious over their monetary situation — perhaps to the point where they’re struggling to sleep at night — bankruptcy might be more of a relief than a stressor.
CRIMINAL DEFENSE
Facing a criminal charge alone can be very scary and overwhelming. Don’t go through the criminal process in Iowa alone. Call The Smith Law Firm, PLLC, for compassionate legal assistance.
My wife and I needed help navigating the Medicaid system for my mother-in-law. Shawn was excellent. His advice was right on. He also handled the paperwork we needed done. Shawn made us feel so comfortable and at ease discussing our case. The Smith Law Firm is excellent.
- LeRoy
Recent Blog Posts
Every August, National Make-A-Will Month rolls around to remind Americans of an uncomfortable statistic: most people still don't have a will. If you've been meaning to write one — or update one you signed years ago — this is a good nudge to finally do it. Why This Month Exists National Make-A-Will Month isn't a government holiday or a legal deadline. It's an awareness campaign, and it exists because the numbers are stubborn. Roughly two-thirds of American adults don't have a current will, according to recent industry surveys. People put it off for the same reasons every year — it feels unpleasant, it feels premature, or it simply falls off the to-do list. August is simply a designated moment to stop putting it off. What a Will Actually Does for Your Family A will is a legal document that takes effect when you die. In it, you name an executor (called a personal representative under Iowa law) to handle your affairs, direct how your property should be distributed, and — if you have minor children — name a guardian to raise them. Without a will, Iowa's intestacy laws decide who inherits your property, following a fixed order set by statute rather than your personal wishes. If you have young children, a court decides who raises them if something happens to both parents, rather than the person you would have chosen. A will puts those decisions back in your hands. "I'll Get to It Eventually" Is a Risk, Not a Plan The people who put off writing a will usually fall into one of two camps: they think they don't have enough assets to bother, or they assume their spouse or kids will simply "figure it out." Neither assumption holds up well in practice. You don't need significant wealth for a will to matter — you need people who depend on you. A modest estate without a will can still mean months of unnecessary court involvement, family disagreements over who gets what, and confusion at exactly the moment your family needs clarity. And "figuring it out" without a will often means navigating a probate process that's slower and more complicated than it needed to be. If You Already Have a Will, This Is a Good Month to Check It Make-A-Will Month isn't just for people starting from zero. If your will is more than a few years old, ask yourself: Has your family changed — a marriage, divorce, birth, or death — since you signed it? Have you moved, bought property, or changed jobs? Is the executor you named still the right person, and still willing and able to serve? Does your will still reflect what you'd actually want today? An outdated will is better than no will, but it can still send your assets, or your children's care, somewhere you never intended. What This Means for You: A Quick Checklist Before August ends, take stock of where you stand: - Do you have a signed, current will? - Does it name a guardian for any minor children? - Is your named executor still the right choice? - Has anything major changed in your life since you signed it? - Does your family know where the original is kept? If you can't check every box, that's not a reason to feel behind — it's just the next thing to take care of. Let's Get Your Will in Place You don't need a complicated estate or a special occasion to write a will — you just need people you want to protect, and August is as good a reminder as any. At Smith Law Firm in Ames, we help central Iowa families put a clear, affordable will in place, or review one that's been sitting in a drawer for too long. If you'd like to create your will or have your current one reviewed this month, reach out to schedule a consultation. Visit www.shawnsmithlaw.com or call our office at (515) 451-1260 or text 515-349-5684 *This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, please consult a licensed Iowa attorney.*
Summer is for road trips, flights to see family, and long-awaited vacations — not for worrying about worst-case scenarios. But before you pack the car, it's worth asking a quiet question: if something happened to you while you were away, would your family know what to do? A little planning now means you can leave town with real peace of mind. Here are the documents to have in place before you go. A Financial Power of Attorney A financial power of attorney lets someone you trust handle money matters if you can't. Think paying the mortgage, managing a bank account, or dealing with insurance while you're recovering somewhere unexpected. Without one, your family may have to go to court just to access funds in your name — even to cover your own bills. That's a slow, stressful process, and it's completely avoidable. Naming an agent ahead of time keeps your household running no matter what. A Healthcare Power of Attorney and Living Will If you were in an accident far from home and couldn't speak for yourself, who would make your medical decisions? A healthcare power of attorney answers that question by naming the person you trust to direct your care. Pair it with a living will (sometimes called an advance directive), which spells out your wishes about life-sustaining treatment. Together, these documents spare your loved ones from guessing during a frightening moment — and from disagreeing about what you "would have wanted." Guardianship for Your Children If you're traveling with your kids, you'll have a caregiver lined up if you're delayed or hospitalized. But have you named a permanent guardian in case the unthinkable happens to both parents? Naming a guardian in your will is one of the most important things parents can do. Under Iowa law, if you haven't named one, a court decides who raises your children — and it may not be the person you'd have chosen. A short conversation and a signed document put that decision back in your hands. A Will That Actually Reflects Your Life Today Maybe you have a will already. The real question is whether it still matches your life. Have you married, divorced, had a child, bought property, or lost a loved one since you signed it? If you die without a valid will in Iowa, state intestacy law decides who inherits — following a fixed order set out by statute, not your personal wishes. Even an outdated will can send your assets somewhere you'd never intend. Travel season is a natural reminder to give yours a quick read. Make Sure Someone Can Find Everything The best documents in the world won't help if no one knows they exist. Before you leave, tell a trusted family member where your originals are kept and how to reach your attorney. A simple list — accounts, insurance policies, online logins, and key contacts — can save your family hours of stress. Keep it somewhere secure, and let one or two people know how to access it. What This Means for You: A Quick Pre-Trip Checklist Before your next trip, confirm you have: - A financial power of attorney naming someone you trust - A healthcare power of attorney and living will - A named guardian for any minor children - A current will that reflects your family today - A trusted person who knows where your documents are If you can check every box, travel easy. If a few gave you pause, that's worth a short conversation. Let's Get Your Plan in Place You don't need a complicated estate to need a plan — you just need a family you want to protect. At Smith Law Firm in Ames, we help central Iowa families put these documents in place clearly and affordably, usually faster than you'd expect. If you'd like to create your plan or review the one you have before summer gets away from you, reach out to schedule a consultation. A little time now is a gift to the people you love. Visit www.shawnsmithlaw.com or call our office to schedule a confidential consultation or give us a call here . *This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, please consult a licensed Iowa attorney.
Every May, the federal Administration for Community Living recognizes Older Americans Month — a national observance dedicated to honoring the contributions of older adults and encouraging families to support aging loved ones in meaningful ways. It is also widely recognized as National Elder Law Month within the legal community. Together, they offer the perfect opportunity to do something most families put off for years: have an honest conversation with your parents about their estate plan. For many adult children, the idea of bringing up wills, powers of attorney, or long-term care feels uncomfortable. We worry about overstepping, upsetting our parents, or seeming as though we are focused on inheritance. But waiting until a crisis hits — a fall, a sudden hospitalization, a diagnosis of cognitive decline — almost always makes things harder, more expensive, and more emotionally painful for everyone involved. If you have been putting off "the conversation," here are five questions worth raising this May. 1. Do you have an updated will, and where is it kept? A will written twenty years ago, when the kids were young and the house had a different mortgage, may no longer reflect your parents' wishes — or current state law. Ask whether the document has been reviewed in the last five years and whether the named executor is still able and willing to serve. 2. Who would make medical decisions if you couldn't? A healthcare power of attorney (sometimes called a healthcare proxy or advance directive) names someone to make medical choices when a person cannot speak for themselves. Without one in place, families often end up in court asking a judge for the authority to act — exactly when they need to be focused on their loved one. 3. Who would manage your finances if you were incapacitated? A durable financial power of attorney allows a trusted person to pay bills, manage accounts, and handle property if your parent becomes unable to do so. This is often the single most important document for avoiding a guardianship proceeding later in life. 4. Have you thought about long-term care? The cost of assisted living and nursing care continues to rise, and Medicare does not cover most of it. Your parents may have insurance, savings, or a strategy in mind — or they may have nothing in place. Either way, knowing where things stand allows the whole family to plan together. 5. Where are the important documents? Even the best estate plan is useless if no one can find it. Ask your parents where they keep their will, trust documents, insurance policies, deeds, and account statements — and whether anyone besides them has access. These conversations do not need to happen all at once, and they should not feel like an interrogation. Frame them as an act of care, not control. Many of our clients tell us that once the topic is finally on the table, their parents are relieved to discuss it. At The Smith Law Firm, we help families across our community put these protections in place — often working with multiple generations at the same kitchen table. If your parents do not yet have a current estate plan, or if you are not sure whether what they have still works, we would be honored to help. Visit www.shawnsmithlaw.com or call our office to schedule a confidential consultation. You can also book an appointment here. This May, give your parents — and yourself — the peace of mind that comes from knowing the plan is in place.
