This text of Iowa § 633.123 (Prudent investments — fiduciaries) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing
propertyforthebenefitofanother,afiduciaryshallconsiderallofthefollowingcircumstances
along with the circumstances identified in section 633A.4302, if applicable:
a. The length of time the fiduciary will have control over the estate assets and the
anticipated costs of complying with the provisions of this section.
b. The unique nature of all of the following:
(1)The duties of a personal representative or conservator.
(2)The assets, income, expenses, and distribution requirements of the estate.
(3)The needs and rights of the beneficiaries or the protected person.
c. The express provisions of a will, codicil, or other controlling instrument.
2. The standards identified in this section shall be applied d
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1. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing
propertyforthebenefitofanother,afiduciaryshallconsiderallofthefollowingcircumstances
along with the circumstances identified in section 633A.4302, if applicable:
a. The length of time the fiduciary will have control over the estate assets and the
anticipated costs of complying with the provisions of this section.
b. The unique nature of all of the following:
(1) The duties of a personal representative or conservator.
(2) The assets, income, expenses, and distribution requirements of the estate.
(3) The needs and rights of the beneficiaries or the protected person.
c. The express provisions of a will, codicil, or other controlling instrument.
2. The standards identified in this section shall be applied differently than similar
standards for investment and management of trust property. Special consideration shall be
given to the expected term of estates. Because some estates will have limited duration, there
may be situations where an investment or a change in an investment is not warranted.