Legal Question in Wills and Trusts in Iowa

Executor not giving family member fair share

My grandmother owned a farm and had two children to split the proceeds from this farm. At one point my grandmother made one of the members of this farm the farm mananger. This person died and the son-in-law of the other family member became the farm manager/executor for my grandmother. My grandmother died approxiametely 10 years ago. The farm was recently sold and it was our understanding that the proceeds would be split 50-50 between our side of the family and theirs. The sale happened about 3 months ago and the executor has not sent any money and has continued to make promises that he has not kept. The executor has been diagnosed with an illness and this illness appears to be effecting the memory and or judgement of this individual. We have asked for a copy of the will and were told that we would get a copy in the mail but never have. At one point he said he would sent $3600 a month and then he called back and said that was to much. Are we out of line to ask for half of the proceeds and not a monthly payout? What can we do to get the executor to send us a copy of the will? How would you proceed from here?

Thank you.


Asked on 8/22/02, 2:09 pm

1 Answer from Attorneys
Talana Sayre Talana Sayre, Attorney at Law

Re: Executor not giving family member fair share

You can get a copy of the will by contacting the court where the will was probated. That would likely be in the county where your relative lived. You should talk to the executor about your concerns--monthly payout rather than lump sum and his mental ability to perform his duty. If you aren't satisfied with the executor's response, hire a lawyer to resolve it through the courts or to negotiate a more favorable settlement. Good luck.

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Answered on 8/22/02, 3:19 pm


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