Legal Question in Wills and Trusts in Iowa
I come from a family of 14 siblings. My parents owned 2 farms clear. My father passed away in 1999. My mother gave both farms to my one brother with no compensation in 2002. My brother died in 2009 in Iowa. He never married and had no children. When he died, his will left eveything he another brother. At the time of his will, he did not own either farm. But when he died, mother had given him both farms. The farms are worth approximately one million dollars. Are the rest of us just out of any inheritance?
1 Answer from Attorneys
This is a fact specific question and you will need the services of an attorney conversant in these matters.
Here is my thumbnail opinion.
If your mother was left sole owner of both farms by your father by a will in fee simple it with no other encumbrances such as a life estate, lien or other, the farms were her property to dispose of as she saw fit. If she granted them to the brother by deed without encumbrance, then they were his, whether he'd paid for them or not.
One might examine the matter of consideration-whether he'd given anything of value in return.
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