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Iowa Probate Questions & Answers
1 Answer | Asked in Probate for Iowa on
Q: how can I find out if someone had a will

My sons sperm donor passed away 2 months ago and I have been told by several people he left his things to our son. The brother will have nothing to do with my son or I and there are no other children

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

If he had a will it would be probated at the register of wills office in the county where he died. Probating a will is a matter of public record and you can get information by calling them (although the pandemic has made this harder). After you get this information, you may need to retain an... Read more »

1 Answer | Asked in Probate and Estate Planning for Iowa on
Q: I have no idea what needs to be done regarding following matter...

Both my parents recently passed. Only 1 had a will and it named me as executor. Understanding is low and the stress is high. I have no idea what needs to be done. I have zero money for I'm guessing what would be a probate attorney. Is that even a financial obligation to me anyway? I'm... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 24, 2020

Schedule a consultation with a probate attorney in the vicinity of where your parents had lived. Often initial consultations are free. You might be pleasantly surprised to learn that the attorney's fees are paid out of the estate.

2 Answers | Asked in Estate Planning and Probate for Iowa on
Q: How do I set up a small estate for my sister that passed away in Cedar Rapids, IA?

My sister left no will and left me as the benefiiciary on her life insurance. The life insurance company said I need to set up an estate, how do I do this for a small estate? My sister has no realestate, nothing else.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 7, 2020

Usually if you were named as a beneficiary on a life insurance policy upon providing proof of death and identification the funds will be paid directly to you. I suggest getting clarification in writing of exactly what it is they want.

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1 Answer | Asked in Probate for Iowa on
Q: my dads will states that he was in a office and signed it and he was in the hospital dying of esophagus cancer. his will

his will was changed 4 days before death he was in the hospital on phorpen every 3 hours

Nina Whitehurst
Nina Whitehurst answered on Sep 21, 2019

You didn’t actually ask a question, but I am assuming that you are questioning the validity of his will. It does sound like you have some facts that might call the will into question. You should schedule a personal consultation with a probate attorney in the vicinity of where your dad had lived.

2 Answers | Asked in Probate and Wrongful Death for Iowa on
Q: My father died of mesothelioma, we were not included in lawsuit, but estate has been in probate. How can we still file
Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on May 1, 2018

I am only willing to put the time into answering this question if I am hired on a contingent fee basis to represent the estate. The Administrator or Executor would need to call my office, schedule a time to talk and then decide if they wanted to hire the Lombardi Law Firm. It is doubtful any lawyer... Read more »

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1 Answer | Asked in Probate for Iowa on
Q: A brother and sister owned a house she died and didn't have a will he wants to sell the house but she has kids alive

He is in the system as a felon and wants to sell the house in his name the deceased sister didn't have a will but does have 3 grown kids can he legally sell it since she had no will

Ben F Meek III
Ben F Meek III answered on Mar 24, 2018

That depends on several factors not mentioned in your question. The first is: how are brother’s and sister’s ownership interests shown on the deed? If they owned as Joint Tenants With Right of Survivorship, the brother now remains as the sole owner. However, even if this is true, any minor... Read more »

1 Answer | Asked in Banking, Estate Planning and Probate for Iowa on
Q: What if someone takes money (bank CDs) that is left to someone else in a legal will?

My grandmother left 2 CDs left to my father in her will, also stating that if he passes within 30 days then they would go to me, my father passed 3 days later. The bank only had my father as a beneficiary, so they were put in his name. My father did not have a will. The bank told me they... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jan 10, 2018

I'm sorry for your loss, however it sounds like your Grandmother messed up here. If there is a beneficiary named on an asset, the will does not control it, and if your father died 1 second after your grandmother, then the bank did what it should by placing the CDs into your father's name.... Read more »

1 Answer | Asked in Criminal Law, Estate Planning, Federal Crimes and Probate for Iowa on
Q: I am on probation am I able to bow hunt for deer?
Shaun Khojayan
Shaun Khojayan answered on Oct 27, 2017

It depends on the terms of your probation and your particular case. For example, if the crime for which you are on probation involves hunting wildlife on federal lands then probation may include the condition that prohibits hunting including by bow. However, if you are generally asking whether... Read more »

1 Answer | Asked in Estate Planning and Probate for Iowa on
Q: My mother died without a will in Iowa. My stepfather died months later. Do I have any rights to her half without a will?

My father had taken care of taking my mom's name off of his checking and the house deed. So it seems I might have lost any right to their estate since there is a will that was unsigned at the attorney's office naming my brother and I to inherit everything. My step father did not have... Read more »

Ben F Meek III
Ben F Meek III answered on Aug 4, 2017

Contact an experienced probate attorney in Iowa (or California, perhaps). If your mom died without a will, her spouse and children should share her property. It may be hard to recover money or property that has vanished, but if your step-father died with property, you may still be able to prove... Read more »

1 Answer | Asked in Probate for Iowa on
Q: My mother passed away. I just got a probate paper of her estate for her house. How likely can I get it from her husband?

My mother passed away and her husband lives in the house. The next day she passed away he was cleaning the house up trying to throw away and get rid of stuff. He has changed the locks on the house and took her car she still owes money to another location, he has been driving it with no car... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 6, 2017

You need to hire a local probate attorney to review the paperwork and provide you advice.

The status will differ depending on whether or not there was a will, if property was jointly or solely owned and a plethora of other 'minor' differences that you shouldn't get into in a...
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1 Answer | Asked in Criminal Law and Probate for Iowa on
Q: probation/probation violation

If one is on probation and they are not to be in an environment that sales are 50% or more of alcohol can a cop arrest you for being there if you are not technically doing anything wrong? By technically if they have no other reason to arrest you other than being there(not driving while intoxicated,... Read more »

Nicholas A. Sarcone
Nicholas A. Sarcone answered on Feb 18, 2017

Typically, you would not be arrested. A report maybe made to your probation officer who could then file a report of violation and request a warrant from the Court. Could you be arrested? Maybe. Are you likely to be arrested. No. Depending on your underlying conviction you might be able to have a... Read more »

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