What is the name of your state (only U.S. law)? Iowa
My mother's sister passed away in November in Iowa. My uncle passed in'97. They had no children and my two brothers and I were their only relatives besides my mother. My aunt was legally blind and my mother had power of attorney after my uncle passed.
My mother played the grieving sister for the last two months and said she couldn't deal with the "paperwork" because of it. But as of two days ago, she told my brothers and I that everything belongs to her and says there was no will. My aunt and uncle we're totally organized and had everything in order. A number of years ago, I saw a copy of their will in my mother's office - they left their entire estate to my brothers and I. It was common knowledge - talked about many times over the years. My aunt had brought it up while she was in the hospital a month before she passed away.
My brother did a little sleuthing tonight and found paperwork showing my mother had her assets (over $500,000 in stocks and bank accounts) transferred to her name just days after my aunt's death. We're sure there's more than that but that's all we could find at this point. She also took all of my aunts possessions from her apartment - countless antiques of significant value. Offered me an aluminum salad bowl. Thanks but no thanks Mom.
Sad to say but my mother is a really nasty woman. We've always known she's greedy and has no conscience but my brothers and I are in a state of shock. My aunt was old fashioned and always had envelopes full of $100 bills. We knew she'd steal the cash from her apartment (my brother saw the bank envelopes with my aunt's scribble notes in my mother's desk drawer - $22,000 in cash - took pictures) but had no idea she'd commit a crime as big as destroying/hiding the will. Could she go to jail for this??? Not what we're after - just want her to come clean with us.
Do we have any recourse at all without copies of the will(s)? I checked with the county in Illinois where my uncle passed away and no will was ever filed with the court .Imagine that - guess she's been planning this for 15 years. I've started calling law firms in the city they lived but have yet to find their attorney. I'm wondering if looking at old real estate transactions from the '80's might turn up a name of a law firm or if the financial advisor they had for 30+ years at Smith Barney might have record of their attorney. Nervous about contacting him b/c my mother has a relationship with him b/c of POA status. Do we send her a "Demand To Produce Copy of Will"?
Demand an accounting of the last 15 years and hit her with breach of fiduciary duty?
My mother is wealthy and knows every attorney in our home town. We're really afraid she's going to get away with this. My brother and I love my father and don't think he's involved but when this hits the fan, we will lose our relationship with him. Guess we're looking for someone to tell us we have a leg to stand on and it's worth pursuing.
Thanks in advance for any assistance.
My mother's sister passed away in November in Iowa. My uncle passed in'97. They had no children and my two brothers and I were their only relatives besides my mother. My aunt was legally blind and my mother had power of attorney after my uncle passed.
My mother played the grieving sister for the last two months and said she couldn't deal with the "paperwork" because of it. But as of two days ago, she told my brothers and I that everything belongs to her and says there was no will. My aunt and uncle we're totally organized and had everything in order. A number of years ago, I saw a copy of their will in my mother's office - they left their entire estate to my brothers and I. It was common knowledge - talked about many times over the years. My aunt had brought it up while she was in the hospital a month before she passed away.
My brother did a little sleuthing tonight and found paperwork showing my mother had her assets (over $500,000 in stocks and bank accounts) transferred to her name just days after my aunt's death. We're sure there's more than that but that's all we could find at this point. She also took all of my aunts possessions from her apartment - countless antiques of significant value. Offered me an aluminum salad bowl. Thanks but no thanks Mom.
Sad to say but my mother is a really nasty woman. We've always known she's greedy and has no conscience but my brothers and I are in a state of shock. My aunt was old fashioned and always had envelopes full of $100 bills. We knew she'd steal the cash from her apartment (my brother saw the bank envelopes with my aunt's scribble notes in my mother's desk drawer - $22,000 in cash - took pictures) but had no idea she'd commit a crime as big as destroying/hiding the will. Could she go to jail for this??? Not what we're after - just want her to come clean with us.
Do we have any recourse at all without copies of the will(s)? I checked with the county in Illinois where my uncle passed away and no will was ever filed with the court .Imagine that - guess she's been planning this for 15 years. I've started calling law firms in the city they lived but have yet to find their attorney. I'm wondering if looking at old real estate transactions from the '80's might turn up a name of a law firm or if the financial advisor they had for 30+ years at Smith Barney might have record of their attorney. Nervous about contacting him b/c my mother has a relationship with him b/c of POA status. Do we send her a "Demand To Produce Copy of Will"?
Demand an accounting of the last 15 years and hit her with breach of fiduciary duty?
My mother is wealthy and knows every attorney in our home town. We're really afraid she's going to get away with this. My brother and I love my father and don't think he's involved but when this hits the fan, we will lose our relationship with him. Guess we're looking for someone to tell us we have a leg to stand on and it's worth pursuing.
Thanks in advance for any assistance.
