Legal Question in Wills and Trusts in Iowa
My mother's sister passed away in November in Iowa. My uncle passed in'97. They had no children and my two brothers and I were their only relatives besides my mother. My aunt was legally blind and my mother had power of attorney after my uncle passed.
My mother played the grieving sister for the last two months and said she couldn't deal with anything because of it. As of two days ago, she told my brothers and I that everything belongs to her and says there was no will. I had personally seen their will(s) and they left their entire estate ($500,000+) to my brothers and I. It was common knowledge that they would leave their estate to us - talked about many times over the years. My aunt had brought it up while she was in the hospital a month before she passed away.
Did a little sleuthing tonight and found paperwork showing my mother had all the assets (stocks and bank accounts) transferred to her name just days after my aunt's death. She also took all of my aunts possessions from her apartment - antiques of significant value.
Although we've always known my mother is greedy and has no conscience, my brothers and I are in a state of shock. We knew she'd steal the cash from her apartment (have found the bank envelopes with my aunt's scribble notes in my mother's desk drawer - $22,000 in cash - took pictures) but had no idea she'd steal our inheritance by destroying/hiding the will.
Do we have any recourse without copies of the will(s)? I checked with the county in Illinois where my uncle passed away and no will was ever filed with the court. I have started calling law firms in the city they lived but have yet to find their attorney. I'm wondering if looking at old real estate transactions from the '80's might turn up a name of a law firm or if the financial advisor they had for 30+ years at Smith Barney might have record of their attorney.
What do we do? My mother is wealthy and knows every attorney in our home town. I'm beginning to think she's going to get away with this.
Thanks in advance for any assistance.
1 Answer from Attorneys
Well, you need an attorney to contest the disposition of the estate. They may be able to pull a few strings that you cannot. I'd also suggest that you hire a good private investigator as you will need to turn up a copy of the will if one exists. If the aunt and uncle ever had a family attorney they may be helpful, but you will need an attorney to file a case so as to have the power of subpoena. Whether that power in Iowa can reach to Illinois is an open question.
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