Legal Question in Wills and Trusts in Iowa
Will contest/Interference of Expectancy
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the matter at hand is;
a foreign probate issue that will soon be contested.
Overview:
1.The probate state is iowa.
2. 3 wills and 1 codicil were entered in the probate court.
3. The will that is being probated was written 6 months after the decedent was declared a ward from the alzheimers desease.
4.The heirs, beneficiaries, and other interested parties were not notified of the probate hearing until approximately 7-10 days after the hearing.
5. The deceased has substantial real estate in illinois approximately 700 acres of tillable farmland.
6.The deceased had 2 children, one predeceased and 1 heir at the time of death.
7. The earlier wills divided 50-50 to each child with a clause passing the predeceased's share to there children equally.
8.However, the probated will leaves all the realestate in illinois to the suviving child's only child, with a life estate of the income generated by the asset to the surviving child managed by the child of the surving child and the residue to the same upon the death of the surviving child.
9. The grandchild had free access to the decedent as an employee of the nursing home where the ward was housed until death, a
1 Answer from Attorneys
Re: Will contest/Interference of Expectancy
Your message is incomplete. From the facts you have described, it seems clear that you should retain counsel to object to the probate of a Will, that you have stated was written after a determination that the Testator was incompetent. You have not stated why the probate is in Iowa. If there is real property of the decedent in Illinois, then an ancillary probate must be opened there. Further, are you a resident of AZ?
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