Comments on Iowa Estate Plan: What to Do When Someone Dies in Iowa

Jodi- It isn't clear if you need to go throug...

2011-10-17T22:48:40.712-05:00

Jodi-

It isn't clear if you need to go through probate or not. You may not if the house was owned jointly. If she can't afford the house/car and she doesn't want to get any other financing, the bank will eventually take the items. Let them go through the work/effort to recover the assets. No reason for probate if they are going to eventually get the assets.

My dad recently passed away. My mom, his spouse, i...

2011-10-14T22:44:08.967-05:00

My dad recently passed away. My mom, his spouse, is still living. He left no assets. There is a car with a loan amount higher than the worth of the car. Also, the house and mortgage are only in his name and more is owed than the house is worth. My mom is currently living in the house and cannot afford the mortgage or car payments. What do we need to do? Do we need to petition the court to have someone assigned as executor? If so, when, where, how? Do we call the banks the loans are with and tell them of his death? We are at a loss.
Thank you!

Cowlady- I'm not sure why you would need to p...

2010-11-23T15:49:37.065-06:00

Cowlady-

I'm not sure why you would need to probate anything either, unless you want to pay probate attorney fees. I'd recommend a second opinion, but I don't see a reason for probate as there are no assets that are directed by the probate process. If there were some creditors you were concerned about, maybe.

Under what circumstances do we need to probate in ...

2010-11-23T14:27:35.955-06:00

Under what circumstances do we need to probate in Iowa?

Both of my parents are now deceased. I am an only child and have been left everything.

In 1996 my parents had my name put on everything. I was joint owner of vehicles and bank accounts.

They had life estate to the house, but it was in my name. Now the lawyer wants me to probate because he says the State of Iowa wants to "see" the transfer. I'm not nderstanding it. My parents did this way back then so I wouldn't have to worry about anything.

Do you have any advice?

Good question. Minimal typing abilities from my p...

2009-09-10T11:30:34.355-05:00

Good question. Minimal typing abilities from my phone.

When there is no will, there is a heirarchy process on who can be appointed administrator: (1) surviving spouse, if any; (2) heirs; (3) creditors; or (4) other persons showing good grounds.

The surviving spouse has 20 days to petition, and each successive category has 10 days. After those periods have run, #4 applies. This is only as to appointment and has nothing to do with inheriting. That is a separate matter and procedure.

Let me know if I can be of further assistance.

What do you mean by priorities? Is there not an o...

2009-09-10T09:50:30.820-05:00

What do you mean by priorities? Is there not an order of appointment of the decendants..minor children, then to parents of the father (who are deceased) then to siblings, then to interested parties?
Also can the estate be held liable for child support until the children reach the age of 18?

It is possible that the ex wife could be appointed...

2009-09-10T08:12:55.020-05:00

It is possible that the ex wife could be appointed, but it is up to the court to determine. First come first serve may be the result. After priorities are applied (which doesn't appear to apply here) it is opened up. At least this is the law in Iowa.

If no will is left and a single father passes how ...

2009-09-09T23:42:44.859-05:00

If no will is left and a single father passes how is it determined who will be the executor of the estate. The next living of kin other then the minor children is a sibling. The exwife wants to be appointed. Is this possible?