Legal Question in Wills and Trusts in Iowa

My husband bought a property in Colorado and did not include me on the deed. Since that time he is now deceased. That was three years ago. I am in need of getting a "Trustees Deed" or "Personal Representatives Deed so I can put it in my name so I can sell it. What do I need to do?


Asked on 10/04/11, 4:04 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

I think you have a problem. If he was still alive but you were in the process of being divorced you might have had a claim to part of the money. However, since he has died the land is the property of the estate, not you. I assume you live in Iowa. If you are the administrator of the estate and he died intestate-that is, without a will, you are entitled to whatever the spousal share is under law but that is after all the debts and taxes are paid. If he had a will, you can take either your share under the will or elect the surviving spouse's share. However, you will need to go through the Colorado courts to get title to the property.

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Answered on 10/05/11, 12:28 pm


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