Yes, what type of form woudl I complete? I live in Wisconsin and the judgment was filed in Iowa so will I need to do this in person or is it possible to do it via mail?
Am I required to provide an accounting of these funds to the mother of the beneficiaries?
You can mail the forms in, but you will need to appear or hire an attorney to appear on your behalf. And yes, you would have to do an accounting. Let me find you a form for that state. In the meantime, here's some info on Vacating Judgments for your general reading:caselaw.findlaw.com/ia-supreme-court/1252657.html
Iowa's website is not as up to date apparently as most states - they don't have all of their forms on line - only some. Here's there website: http://www.iowacourts.gov/Court_Rules_and_Forms/Civil_Procedure_Forms/
You should call the clerk and ask them to fax/mail you the forms. There is usually a nominal fee for this. Another alternative is to google Iowa Motion to Vacate Default Judgment to find a form on line for purchase or that has been posted complimentary. Often times these are on attorney websites so due to copyright laws I can't refer you to any of these specific sites. I'm surprised the forms on line are so limited (through the court's site).
Do I appear when I file the motion to vacate?
If I am the owner of the 529 accounts why do I have to provide an accounting of the funds? I am the legal owner not the beneficiaries. According to another JustAnswer attorney because the 529 accounts were set up outside of the my brother's last will and testament and are not considered trust funds I, as the owner, have the ability to change beneficiaries and transfer funds as I see fit. Can you help me understand why I need to provide an accounting?
You wouldn't appear to FILE it; but you would appear at the hearing. You should be able to file it via mail.
If you are the owner, and the 529 was NOT court ordered (often times the court will order a parent to secure college tuition funds for a mionr child), then you would not need an accounting. However, in many cases these are court ordered and so the judge or the other parent can request an accounting. From reading your most recent post, it sounds like you are not the parent. In that case there would be no accounting as there is noone to account to.
If you are the successor owner, and the 529 lists beneficiaries, and NO custodian, then there would be no accounting required, as you are the true owner of the account.
My brother had these accounts set up prior to his death. He died in 2005. The accounts are in my name with his children listed as beneficiaries. His wife was not real happy about this arrangement as she likes to spend money hence the reason she has been trying to get the funds from me. I am pleased to know that she has no right to these funds and that I do not need to provide an accounting for them. When I file the motion to vacate do I just state that I was not notified of the trial date? My sister in law thinks the accounts were set up as a trust fund not a 529 so do I mention that as well to get her attorney "off my back"? Can they continually serve me with requests for an accounting on these accounts? This has been going on for over 1 year.
I sent the motion to dismiss the default judgment on Friday to both the clerk of court and the attorney for my sister in law. I also asked that they dismiss her petition to get an accounting of the funds since they were established outside of my brother's last will and testament. This has been a very emotional time for me because I want to honor my brother's wishes and see that his children go to college but I also would like to just hand over the funds and be done with her once and for all. She is just a beast. I hope the court is willing to dismiss the judgement and not allow her to pursue this any further. Thank you so much for your help I really appreciate it.
Today in the mail I received a denial to dismiss the motion from the court referencing R.C.P. 1.435. When I look this up it doesn't seem to make sense to me. Can you help me understand what this means? The paperwork I had received previously from the attorney stated that if I did not provide an accounting that a judgement would be entered against me for equitable conversion. Doesn't that only pertain to things that are in "trust"? Any direction you could provide would be greatly appreciated.
What still confuses me is that I was not properly served so how can they file the default judgment? Wouldn't they have to prove that I was served? I honestly never received or signed for anything so this doesn't seem quite right. The paperwork that I received with the default judgment stated I had 30 days to provide the accounting however that date has come and gone. I had previously sent the attorney an accounting of the funds last year so can I just provide the most recent statement I received from the investment firm? I am thinking about just withdrawing the funds from Iowa and moving them to an investment firm in Wisconsin. What are your thoughts on that?
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