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Iowa Probate Questions & Answers
Q: How to obtain legal and medical documents to contest father's will in Iowa without an attorney?
I'm contesting my father's will, believing it was made under manipulation while he was living with his mother, who had previously abused and neglected him. My father had significant mental handicaps and brain damage from a motorcycle accident. I need guidance on how to obtain legal... View More 
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James L. Arrasmith
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answered on Jul 10, 2025
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answered on Jul 10, 2025
It’s possible to gather legal and medical records in Iowa without hiring an attorney, though it will take persistence and careful steps. To start, you can contact the clerk of court in the county where your father may have had any legal proceedings—especially anything related to his removal... View More
Q: How can I contest a will due to manipulation and lack of capacity?
I am looking to contest my late father's will due to concerns of manipulation and lack of capacity. Following a motorcycle accident in 1983, my father suffered severe mental disabilities. A will was drafted in 2001, while he was living with his mother. She was later charged with neglect and... View More
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
Yes, the facts you’ve presented can support a will contest in Iowa based on lack of testamentary capacity and undue influence. If your father suffered from serious cognitive impairments stemming from his 1983 accident and displayed behavior that suggests diminished mental understanding, that... View More
Q: Inheritance issue: property rights after boyfriend and his mother passed away
I lived in a house that my boyfriend inherited from his mother who passed away four months ago. My boyfriend passed away two months ago, and he left everything to me. However, his sister is trying to kick me out of the house, and she sent me some documents that appear fake from her supposed lawyer.... View More
Erik Luthens
answered on Jun 25, 2025
answered on Jun 25, 2025
How do you know that your boyfriend left all of his possessions to you upon his passing? Did your boyfriend’s mother have a Will? Did your boyfriend have a Will? Is there a formal estate opened on behalf of your boyfriend’s mother? Is there a formal estate opened on behalf of your... View More
Q: I inherited a house from my late boyfriend, but his stepsister is challenging my claim. What are my rights?
My boyfriend's mother passed away five months ago and left everything to him in her will. My boyfriend then passed away two months ago, leaving everything to me, including the house, in his will. His stepsister is now trying to make me leave the house. Although there were wills, my lawyer has... View More
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James L. Arrasmith
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answered on Jun 25, 2025
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answered on Jun 25, 2025
If your late boyfriend had a valid will naming you as the sole heir to his estate, including the house, then you have a legal right to inherit that property—provided probate has been properly opened and the will admitted. His stepsister has no authority to override a valid will, especially if she... View More
Q: Beneficiary of father's estate dealing with brother's mismanagement of assets.
I am a beneficiary of my deceased father's estate. There was no will, no surviving spouse, and there are three children, including myself. My brother, who is managing the estate, has given away items he deemed of no value and has locked me out from accessing or obtaining an inventory of the... View More
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James L. Arrasmith
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answered on May 15, 2025
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answered on May 15, 2025
If you believe your brother is mismanaging the estate, the first step is to request an inventory of the estate’s assets in writing. As a beneficiary, you are entitled to know about the estate's contents and how assets are being handled. You may want to make your request clear and formal to... View More
Q: Handling deceased mother's small estate without a will in Iowa.
My mother passed away without leaving a will and was unmarried at the time of her death. She has children. Her assets include a paid-off 2000 vehicle valued at about $2000 according to the blue book and a bank account with $800. I spent $3000 on her cremation. She does not own a home or have any... View More
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James L. Arrasmith
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answered on May 15, 2025
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answered on May 15, 2025
Since your mother passed away without a will and was unmarried, the process of handling her estate is guided by Iowa's intestate succession laws. As her child, you are entitled to inherit her assets, which include the vehicle and the bank account. The first step is to determine if formal... View More
Q: Will Medicare take my mom's house after she passes to cover medical bills?
My mom is currently battling cancer and is on disability but not in a nursing home. She has no will or trust, and the house she owns is fully paid off and solely in her name. I'm her only adult child, and there are no other debts besides what’s covered by Medicare. Will her house be at risk... View More
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James L. Arrasmith
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answered on May 15, 2025
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answered on May 15, 2025
I'm really sorry you're facing this while caring for your mom. It’s good that you’re thinking ahead to protect her home and ensure her wishes are respected. The fear of losing a family home to medical debt is very real, and you're right to want clear answers.
If your mom... View More
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Q: Legal implications of changed beneficiary due to mental health issues before death.
My mother recently passed away on April 19, 2025, from taking heart medications that belonged to my sister, who was her caretaker and the beneficiary of my mother's estate. My mother's mental health had been deteriorating, and she had previously attempted suicide under my sister's... View More
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James L. Arrasmith
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answered on May 15, 2025
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answered on May 15, 2025
I’m truly sorry for your loss — what you’re dealing with is heartbreaking and understandably raises serious concerns. If your mother changed her beneficiary while suffering from declining mental health, and that change benefited someone who had control over her documents and care, there may... View More
Q: Iowa bank allowed a family member with no authority to remove over $100,000 from an estate checking account. A crime?
The person that was able to remove the funds from the estate account was even written out of the will of her father, the decedent.
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Anthony M. Avery
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answered on Nov 4, 2024
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answered on Nov 4, 2024
Who owned the bank account? Family member may have been on the signature card. Ask bank and tell them you are going to the Sheriff. Maybe they will show you the card if authority existed. If not, bank will also be worried about next of kin suing it for negligence, conversion, etc.
Q: My mom died March 5 of this yr and my stepdad died 2 months following,
My sister made it seem to us that she was in control of everything and would not even let me go in my mom's house. Here it is a couple months later and I just found out by that sister that they found my mom's original will and I am the only child on it and her lawyer advised her to walk... View More
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Nina Whitehurst
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answered on Jun 21, 2022
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answered on Jun 21, 2022
You need to obtain the original will and hire a probate attorney to help you. If your sister refuses to deliver the will to you, a court can compel her to do so.
Q: how can I find out if someone had a will
My sons sperm donor passed away 2 months ago and I have been told by several people he left his things to our son. The brother will have nothing to do with my son or I and there are no other children
Steven J. Fromm
answered on Nov 19, 2020
answered on Nov 19, 2020
If he had a will it would be probated at the register of wills office in the county where he died. Probating a will is a matter of public record and you can get information by calling them (although the pandemic has made this harder). After you get this information, you may need to retain an... View More
Q: I have no idea what needs to be done regarding following matter...
Both my parents recently passed. Only 1 had a will and it named me as executor. Understanding is low and the stress is high. I have no idea what needs to be done. I have zero money for I'm guessing what would be a probate attorney. Is that even a financial obligation to me anyway? I'm... View More
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Nina Whitehurst
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answered on Feb 24, 2020
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answered on Feb 24, 2020
Schedule a consultation with a probate attorney in the vicinity of where your parents had lived. Often initial consultations are free. You might be pleasantly surprised to learn that the attorney's fees are paid out of the estate.
Q: How do I set up a small estate for my sister that passed away in Cedar Rapids, IA?
My sister left no will and left me as the benefiiciary on her life insurance. The life insurance company said I need to set up an estate, how do I do this for a small estate? My sister has no realestate, nothing else.
Tammy L. Wincott
answered on Jan 7, 2020
answered on Jan 7, 2020
Usually if you were named as a beneficiary on a life insurance policy upon providing proof of death and identification the funds will be paid directly to you. I suggest getting clarification in writing of exactly what it is they want.
Q: my dads will states that he was in a office and signed it and he was in the hospital dying of esophagus cancer. his will
his will was changed 4 days before death he was in the hospital on phorpen every 3 hours
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Nina Whitehurst
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answered on Sep 21, 2019
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answered on Sep 21, 2019
You didn’t actually ask a question, but I am assuming that you are questioning the validity of his will. It does sound like you have some facts that might call the will into question. You should schedule a personal consultation with a probate attorney in the vicinity of where your dad had lived.
Q: My father died of mesothelioma, we were not included in lawsuit, but estate has been in probate. How can we still file
Stephen Douglas Lombardi
answered on May 1, 2018
answered on May 1, 2018
I am only willing to put the time into answering this question if I am hired on a contingent fee basis to represent the estate. The Administrator or Executor would need to call my office, schedule a time to talk and then decide if they wanted to hire the Lombardi Law Firm. It is doubtful any lawyer... View More
Q: A brother and sister owned a house she died and didn't have a will he wants to sell the house but she has kids alive
He is in the system as a felon and wants to sell the house in his name the deceased sister didn't have a will but does have 3 grown kids can he legally sell it since she had no will
Ben F Meek III
answered on Mar 24, 2018
answered on Mar 24, 2018
That depends on several factors not mentioned in your question. The first is: how are brother’s and sister’s ownership interests shown on the deed? If they owned as Joint Tenants With Right of Survivorship, the brother now remains as the sole owner. However, even if this is true, any minor... View More
Q: What if someone takes money (bank CDs) that is left to someone else in a legal will?
My grandmother left 2 CDs left to my father in her will, also stating that if he passes within 30 days then they would go to me, my father passed 3 days later. The bank only had my father as a beneficiary, so they were put in his name. My father did not have a will. The bank told me they... View More
Kenneth V Zichi
answered on Jan 10, 2018
answered on Jan 10, 2018
I'm sorry for your loss, however it sounds like your Grandmother messed up here. If there is a beneficiary named on an asset, the will does not control it, and if your father died 1 second after your grandmother, then the bank did what it should by placing the CDs into your father's name.... View More
Q: I am on probation am I able to bow hunt for deer?
Shaun Khojayan
answered on Oct 27, 2017
answered on Oct 27, 2017
It depends on the terms of your probation and your particular case. For example, if the crime for which you are on probation involves hunting wildlife on federal lands then probation may include the condition that prohibits hunting including by bow. However, if you are generally asking whether... View More
Q: My mother died without a will in Iowa. My stepfather died months later. Do I have any rights to her half without a will?
My father had taken care of taking my mom's name off of his checking and the house deed. So it seems I might have lost any right to their estate since there is a will that was unsigned at the attorney's office naming my brother and I to inherit everything. My step father did not have... View More
Ben F Meek III
answered on Aug 4, 2017
answered on Aug 4, 2017
Contact an experienced probate attorney in Iowa (or California, perhaps). If your mom died without a will, her spouse and children should share her property. It may be hard to recover money or property that has vanished, but if your step-father died with property, you may still be able to prove... View More
Q: My mother passed away. I just got a probate paper of her estate for her house. How likely can I get it from her husband?
My mother passed away and her husband lives in the house. The next day she passed away he was cleaning the house up trying to throw away and get rid of stuff. He has changed the locks on the house and took her car she still owes money to another location, he has been driving it with no car... View More
Kenneth V Zichi
answered on Jun 6, 2017
answered on Jun 6, 2017
You need to hire a local probate attorney to review the paperwork and provide you advice.
The status will differ depending on whether or not there was a will, if property was jointly or solely owned and a plethora of other 'minor' differences that you shouldn't get into in a... View More
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