what are my rights?

[dimerip]

What is the name of your state? iowa. almost 2 years ago my grandmother died. everything was supposed to go to my uncle but his health was bad and he never did the paperwork. now 2 months ago, he died. my mom disappeared a year and a half ago and doesnt have anything to do with the family. the only other people left are me and my great uncle [my grandmas brother] and he said everything is his and he is in charge. he is getting rid of everything and wont even tell me how much life insurance there is. i was told everything legally should go to my mom. can i file something in court to get control of the estate? do i have any rights to the estate?

 

[anteater]

What do you mean by "everything was supposed to go to my uncle...?"

By the provisions in a will? The terms of a trust?

 

[dimerip]

my grandmother had a will but its was checked out in 2001 and never returned. she had told us what she wanted and we all agreed my uncle would take care of everything. to my understanding, in iowa, if there is no will then the estate goes to the oldest child of the deceased. but no paperwork has ever been done or filed and there has been no probate. i was told that my great uncle has no say legally as estates or inheritances are passed through descendants in this situation and not siblings or ancestors.

 

[anteater]

I won't asked what "... checked out in 2001 and never returned" means. Assume that there is no will and your grandmother does not have a surviving spouse:

633.219 Share of others than surviving spouse.

The part of the intestate estate not passing to the surviving spouse, or if there is no surviving spouse, the entire net estate passes as follows:

1. To the issue of the decedent per stirpes....

Assuming that your uncle and mother were her only children, they split the estate. Since your uncle survived your grandmother, his estate would be entitled to his share. That your mother disappeared does not mean that she is not entitled to share in grandmother's estate. It is the responsibility of the estate's administrator to find her or confirm that she has passed away.

If no probate has been opened, you can apply to the court to open probate and for appointment as the administrator.