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Iowa Probate Legal Questions

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12 legal [2, *]questions have been posted about wills and probate by real users in Iowa. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.

so is a will valid without a notary public, and only sign by the lawyer and anther worker in iowa

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
Please take the Will to a local probate lawyer for careful examination.
Please take the Will to a local probate lawyer for careful examination.

Can an excutor lock up a property before the will reading or before she has been named by probate court as the exuctor . My belongings were in there.

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
Executors are routinely advised to lock things up to preserve the estate even before the court appoints them. Your cousin could only have opened the safety deposit box if she was a named signatory/co-owner and had a key.  That your mother was the other signatory/co-owner does not give her heirs or beneficiaries any right to view or inventory the contents of the safe deposit box. The executor's attorney has no duty to speak to any beneficiary.  ... Read Answer
Executors are routinely advised to lock things up to preserve the estate even before the court appoints them. Your cousin could only have opened the... Read Answer

My husband started in the opiote lawsuit, which I, his wife finished up. My husband passed away way before anything was settled. Who will money come 2

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
You must open an estate for your deceased husband, through which you may inherit.
You must open an estate for your deceased husband, through which you may inherit.

How can we receive a copy of my husband’s mother’s will?

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
If there is no Will and the decedent had children who were not the children of the surviving spouse, those children also inherit.  This is different from the situation under a Will, in which you can leave things to anyone you want.  As an heir, your husband can hire a probate lawyer who practices in the county in which your mother died to file an application to determine heirship and administer the estate.... Read Answer
If there is no Will and the decedent had children who were not the children of the surviving spouse, those children also inherit.  This is... Read Answer

My sister has never allowed me to see my mother’s will or assets, she sold the house and belongings. She kept everything.

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
Unless you can prove that your mother lacked legal capacity to execute a Will or that your sister exercised undue influence over her, you are stuck.  In the circumstances which you describe, this could be very difficult.  Please also note that the cost of a Will contest could easily exceed what you would receive even if you won.... Read Answer
Unless you can prove that your mother lacked legal capacity to execute a Will or that your sister exercised undue influence over her, you are... Read Answer

Legal Newbie

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
First, no one needs a beneficiary's Social Security number in order to make a distribution. Second, if the son is the executor, the son, not the lawyer, is responsible for making the distribution. Third, most states require a formal notice to a beneficiary, enclosing a copy of the Will and of the Order admitting it to probate. Fourth, none of this should ever, ever, ever be occurring over social media.... Read Answer
First, no one needs a beneficiary's Social Security number in order to make a distribution. Second, if the son is the executor, the son, not the... Read Answer

My mother passed a month ago I've lived with her for 2 1/2 years taking care of her. My brother is executor of the estate and is trying to evict me

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
So many people think that caregiving entitles them to occupancy after the person has died.  It does not.  Move.  Don't ruin your relationship with your brother -- and your eligibility for rental housing -- by waiting to get a judgment against you.
So many people think that caregiving entitles them to occupancy after the person has died.  It does not.  Move.  Don't ruin your... Read Answer

can an estate demand repayment of a loan stated in a will with no documentation of owing the money and the heir denies owing it in Iowa?

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
The executor could try to enforce a promissory note or loan agreement if there were one.  But look at the Will carefully.  It may simply decrease your husband's inheritance by $4,000, which is his father's right.  Also consider how other beneficiaries, who may believe that your husband borrowed $4,000, may react if he claims a larger inheritance.  Is it worth it to damage and perhaps destroy those relationships?... Read Answer
The executor could try to enforce a promissory note or loan agreement if there were one.  But look at the Will carefully.  It may simply... Read Answer

Question about stocks and TIAACreff

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
It is very difficult to prove undue influence.  Nor do you state that a court has declared that your grandmother lacked legal capacity to manage her financial affairs at the time this was done.  Your grandmother can make changes.  Someone acting under a Durable Power of Attorney can make changes IF the POA so states and IF that person would not be changing the estate disposition set forth in the Will.  If your aunt was that agent, contact a local probate lawyer about a suit for breach of fiduciary duty.... Read Answer
It is very difficult to prove undue influence.  Nor do you state that a court has declared that your grandmother lacked legal capacity to... Read Answer

My father left me and my sister his house can we sell it for 1$

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
No.  You must submit his Will to a court for probate (proving).  The court will appoint an executor, usually the person named in the Will.  That person's duty is to gather the deceased's assets, pay his bills and distribute the rest according to the Wills.  You cannot bilk the hospital or any other creditor in hope of increasing your inheritance.  You only get what is left after paying the bills.... Read Answer
No.  You must submit his Will to a court for probate (proving).  The court will appoint an executor, usually the person named in the... Read Answer

About deceased mother

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
You can find a local probate lawyer by contacting your state bar.
You can find a local probate lawyer by contacting your state bar.

Who pays nursing home bill?

Answered 7 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
The nursing home bill is your mother's bill.  If she used Medicaid, the Iowa Medicaid Estate Recovery Program will try to recover from her estate.
The nursing home bill is your mother's bill.  If she used Medicaid, the Iowa Medicaid Estate Recovery Program will try to recover from her... Read Answer
Wills and Probate
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