Legal Question in Wills and Trusts in Iowa

My mom in law recently passed away. In 2009, after my husband, her son, died, she had an attorney draw up a new will. She signed it and had it witnessed and placed the original in her bank lock box. I was named executor in that will. When her surviving son and I went to the attorney's office to discuss the estate, I was told that she had changed the will in May, 2011. The lawyer has only a draft of that will and I believe she destroyed that will with the intent that the 2009 will be upheld. Her son and his wife and her had a rocky relationship. Anyway, the 2011 original will cannot be found; however, her son found the empty envelope labeled will. First the attorney told us that the original will must be found or the status of the 2009 will would be validated by the probate judge. Now, since my brother in law, a personal friend of the attorney, cannot find the original will, the attorney says that the supposed 2011 will revoked the 2009 will, even though neither her son nor I actually saw the signed 2011 will. When my mom in law was getting ready to go to assisted living in May 2012, she also gave her son power of attorney. I already had it too. Anyway, at that time, I asked her if she had changed her will. She told me that I had a copy of her will (the 2009 one) and that she had to give her son POA so he could sign papers for assisted living. She went to the nursing home after assisted living. She told me that she did all that she could to make sure that her grandchildren received the remaining farmland. That reaffirmed the 2009 will. I need to know what is correct according to Iowa law. My main concern is that her will be done. Please advise because I am confused.

Asked on 1/05/13, 6:11 pm

Robert Luedeman solo practitioner

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I think you need to find that 2009 will, or else it's an intestate estate.

Answered on 1/05/13, 8:21 pm

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