Legal Question in Wills and Trusts in Iowa

My father died in 2004 in Iowa having set up his estate in a revocable trust. In spring of 2000, a few weeks after he went into a nursing home needing rehab and also diagnosed with mild dementia, he appointed my brother POA. At the time of my father's death four years later(2004),the siblings were informed they each had to pay several thousand dollars to pay nursing home costs, f uneral expenses and back taxes.The trust lawyer said those bills had to be paid immediatley or he would put the land up for auction right away, thus taking away the option of keeping the land. There were also back taxes unpaid on the land from when my brother was POA. Those taxes had to be paid before the land could be distributed to the heirs

In the ensuing months and years after my father's death (2004 to the present) some irregularities in handling of my father's affairs by the POA my brother, , it came to light that no records were kept of financial transactions, no record how proceeds of sale of house were applied , bills paid, income received from social security and land rental, etc., In about 2005, at the request of one of the heirs, the trust lawyer requested that my brother, the POA, send financial records of how he handled my father's affairs. When asked for recordsmy brother sent a garbage bag full of receipts (small crumpled up piecies of paper) to the trust lawyer. In the receipts were those indicating payment by my father's account, for storage of items my brother inherited from my father after his death.Also the lock box records made no mention of a valuable diamond bracelet that the heirs knew had been in the lock box for years.There was also a change in the will, then changed back to the original, with no date beside the notary's signature. Two fund accounts were cashed but no record how they were applies to bills.

Also, there were receipts indicating that my brother paid for my father's 100th birthday party out of my father's account.

Recently the heirs received notification of income tax not paid for spring of 2000 in the amount of $10,000..Obviously the heirs will have to meet with tax lawyer to get that income tax paid. But question: Why wasn't it paid at the time, and who would have been responsible? Does the POA have any responsibility for paying it now?

The question is can we have a lawyer look into this five years after my father's death. ? Can my brother the POA be expected to provide records for how he handled my father's affairs, in the light of debts accruing,taxes unpaid, missing items from lock box, and no records of how funds from sale of house and other funds were disbursed.?

Prior to my brother being appointed POA, there were two other people involved: first a trustee of the revocable trust, who at some point refused to do it anymore, and also a bank employee who was executor for awhile.--these were both prior to the date my father entered the nursing home. Could they be held responsible for any of the debts accrued, etc.

Shortly after my father's death I requested but was not given bank records nor detailed nursing home records for medications, care, and payment for monthly nursing home stay.

How can I pursue this?


Asked on 9/21/09, 12:01 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

You need the services of a competent estate attorney to unscramble this mess.

Read more
Answered on 9/22/09, 12:34 pm


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