Legal Question in Wills and Trusts in Iowa

My Father's Will

My father recently passed away, and had a legal will through a local attorney. Like most families, everything seemed to be going well, until after the funeral. There are three children involved, no spouse. His Will stated that everything he owned was to be sold at auction and divided equally between the three children. Since his death, my brother and sister have decided they would like to just divide everything, and keep the home to rent. I should mention that the two siblings who want to do this were also appointed Executors. I just want the Will followed through, as dad wanted it to be. What is the primary function of the executers, and must they follow the Will exactly? Does the child that is not an executor have any rights? If my brother and sister remove property for themselves, how liable are they to return it? There have been some things taken that were hearsay � nothing on paper, shouldn�t this be part of everything sold at an auction?


Asked on 1/29/02, 1:15 am

1 Answer from Attorneys
Bruce Buckrop Bruce Buckrop

Re: My Father's Will

You are right, the execuetors are wrong, you have a right to have everything sold, so that mathematical certainty of your share can be ascertained, unless the will gives power to the execuetors to do decide this, you can insist on full accounting and sale, better see an attorney before more items are " lost "

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Answered on 1/29/02, 2:27 pm


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