Legal Question in Wills and Trusts in Iowa

will contest

My grandma died in iowa 9-17-2004, she had alzheimer's and she was declared a ward of the Court 6 months prior to the will in probate. I've started a will contest,the grounds of the contest are testementary capacity is questionable, and interferance of expectancy inheirtance by my cousin, the Executor and a worker at my Grandma's nursing home. We have begun the discovery process by asking the attorney for estate and executor questions, i.e. dr.'s records,etc., and have received no response from either of them. in Iowa Will Contests are to follow Civil Procedure. Procedurally, is there a time limit for them to respond? If there is and they go over it, can a default or summary judgment be filed? Or should we file a Motion to compel? Please help us with our next move.

Thank You,

Robin


Asked on 4/19/05, 2:25 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: will contest

If the court proceeding (will contest) is being conducted in Iowa, you should seek Iowa counsel. There are time limits for responses to motions or other action, however, asking the lawyer to do something, doesn't necessarily start the clock running. You should get counsel as it sounds like you have a case where the court has declared the deceased incompetent before the will was written.

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Answered on 4/19/05, 5:52 pm


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