Legal Question in Wills and Trusts in Iowa
Rights to know about Father's estate
My father passed away in Feb. he only had a typed will-not notorized, the attorney took it to make a copy for his file showing dad's intentions, which were to leave everything to mom, & in the event of her death, to my brother & myself equally, on down to our children,....the problem is--she is not well & she has named my brother Administrator of dad's estate & he writes all checks, any inquiries have to go to him, etc., when I ask him any questions, he gets angry & says it is " None of my business". Do I have any rights and how accountable is he for the money he spends on her "behalf'? He just spent $16 to mail girl scout cookies to my mom who lives in Iowa (brother is in CA) and my son could have bought them in Iowa (he lives 2 miles from her and has taken care of mom & dad for the past twelve years.). Now I find out he has sold their 16 acres in Waukee,( which is booming) for about 1/2 what it's worth....is there anything I can do to make sure he is handling things properly & above board? We are talking about approximately a 1 million dollar estate.
1 Answer from Attorneys
Re: Rights to know about Father's estate
IF THE WILL IS A VALID WILL AND LEAVES EVERYTHING TO YOUR MOTHER, THEN IT ALREADY VESTS IN HER AND SHE NEEDS TO MAKE A WILL FOR HERSELF. IF SHE DOESN'T THEN THERE IS AN INTESTACY AND THE PROPERTY THEN GOES TO HER CHILDREN EQUALLY. THE CHILD LIVING CLOSEST TO HER WOULD MOST PROBABLY BE APPOINTED ADMINISTRATOR. AS TO THE WILL CURRENTLY BEING PROBATED OR THE ESTAE BEING PROBATED, NOTICE DEPENDS ON THE LAW OF IOWA. PRESUMBABLY ALL HEIRS ARE ENTITLED TO RECEIVE NOTICE AND MAKE INQUIRIES TO THE PROBATE COURT. IN CA WHERE I'M FROM A REQUEST FOR SPECIAL NOTICE MAY BE MADE.
WILLIAM BRANDWEIN
WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.
215 WEST FRANKLIN STREET
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