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Expert needed Iowa probate! Auto awarded to estate instead of spouse???

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nms1107

Junior Member
What is the name of your state (only U.S. law)? Iowa

My husband passed away 15 months ago and the estate is still tied up in probate. Under the will, I received our home and all of the contents (appraised value of 150K), his children from a previous marriage got his 401K (valued at 500K). There were also 2 cars in his name.

I nursed my husband at home for 8 months as he slowly died from cancer. Two weeks before he died, I was fired from my job for not being able to travel. His 3 kids did nothing to help us as he was dying except to show up and start taking things from the house. As soon as he was gone, they stopped talking to me. His son (who lives out of state) and I were listed as executors but the son went behind my back and had me removed and a cousin living locally put in as executor. The estate attorney also happens to be a cousin.

I found an experienced probabte attorney and he advsed me that even though Iowa code says vehicles belong with the property and as such were mine, to turn over one of the cars to the estate as a show of good will. I did so along with some personal effects belonging to the kids' mother. In return, I requested a spousal allowance along with payment of the funeral luncheon bill which I had paid out of my own pocket ($3000).

The judge awarded me only half of the requested allowance ($1000 per month for 12 months) but said the other auto belongs to the estate and denied me payment for the funeral luncheon as well.

Long story short, I loved my husband so much and going through this with his kids has just broken my heart. I lost my income, got no money from the estate and am now looking at losing my car. My attorney has racked up a $6000 bill and has essentially done nothing at all for me. He didn't even inform me when the ruling came in about the car this past Monday - I found out when the estate attorney showed up at my house yesterday saying he was having the car towed. I called my attorney and he said to lock my garage (which I did) and that he would file an appeal today.

Please advise - I need an expert opinion before I end up in bankruptcy over this.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 
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Farfalla

Member
How long were the two of you married?

You husband had a 401K. Was he retired? Did he have insurance with his job? If so who got that?

You do not mention check accounts, saving accounts, etc. Did he have one that was joint with you? Or did you each have your own?

I assume from what you said that your name was not on either of the car titles.
It’s not clear if there was a will. Was there?
 

nms1107

Junior Member
How long were the two of you married?

We were only married just over a month. We lived together for eight years and had planned on getting married in May (he died in February) so we moved up the wedding and did it in January.

You husband had a 401K. Was he retired? Did he have insurance with his job? If so who got that?

He was retired & had a 401 but my attorney checked and we had to be married at least 2 years before the 401 would go to me. There was no insurance that I'm aware of but the kids may have gotten something that we (my attorney & I) don't know about.

You do not mention check accounts, saving accounts, etc. Did he have one that was joint with you? Or did you each have your own?

We had seperate accounts.

I assume from what you said that your name was not on either of the car titles.
It’s not clear if there was a will. Was there?
The titles were originally both in his name but he bought one of the cars for me (all of his friends and family know this). He signed that car over to me before he passed away but the kids claim he wasn't in his right mind when he did that and the judge agreed with them.

Yes, there was a will - I was awarded the home and all of the contents, his kids were awarded the rest which was his 401k ($500,000) and miscellaneous accounts/stocks (about $50,000). If you read my original post, I also mention that I was listed as an executor but the son had me removed without my knowledge a couple of days after he passed away.

It may seem like I'm just worried about money but I want to make it clear that I wouldn't go back and do anything differently. I loved him and wanted to be there for them - I didn't want him to end up in a nursing home to slowly die alone - but I hadn't planned on losing my job and going through all of this with his kids. I've gone though almost all of my savings with just day to day living expenses and household bills.

I'm at a loss with what to do as my attorney has done nothing for me but rack up a huge bill. He had me turn over one car to show good will but he shouldn't have done that as Iowa code says vehicles belong with the property - the judge obviously doesn't read the code that way though. It seems to me that he has given me very poor advice all along and hasn't fought for my rights at all.

Please advise!
 

tranquility

Senior Member
If a judge awarded a car to the other party, there is nothing you can do without an attorney. Even with one, you would have to either make a motion for reconsideration (which is unlikely to work) or appeal (And, you've not given enough information to even suggest an appeal is appropriate.) Both would be hard and the latter very expensive. Sorry, but I think you have to let the car go.
 

seniorjudge

Senior Member
The titles were originally both in his name but he bought one of the cars for me (all of his friends and family know this). He signed that car over to me before he passed away but the kids claim he wasn't in his right mind when he did that and the judge agreed with them.

What do you mean by this?

Did he sign the car title over to you?

Do you have the car title?
 

nms1107

Junior Member
The titles were originally both in his name but he bought one of the cars for me (all of his friends and family know this). He signed that car over to me before he passed away but the kids claim he wasn't in his right mind when he did that and the judge agreed with them.

What do you mean by this?

Did he sign the car title over to you?

Do you have the car title?
Yes, he signed it over to me and I have had the title in my name since Jan of '07.
 

nms1107

Junior Member
If a judge awarded a car to the other party, there is nothing you can do without an attorney. Even with one, you would have to either make a motion for reconsideration (which is unlikely to work) or appeal (And, you've not given enough information to even suggest an appeal is appropriate.) Both would be hard and the latter very expensive. Sorry, but I think you have to let the car go.
I have an attorney although it seems as though i don't as he hasn't made any progress for me. As far as reconsideration or an appeal goes, Iowa probate code says that vehicles belong with the property (in so many words).
 

Dandy Don

Senior Member
What was the total value of the estate and/or what assets are left in the estate now besides what you got and besides what the kids got? Where is the money to pay your spousal allowance?

As far as the claim for reimbursement for funeral expenses, was there a written claim submitted or did your attorney just make a verbal request to the court for this?

DANDY DON IN OKLAHOMA ([email protected])
 

nms1107

Junior Member
What was the total value of the estate and/or what assets are left in the estate now besides what you got and besides what the kids got? Where is the money to pay your spousal allowance?

As far as the claim for reimbursement for funeral expenses, was there a written claim submitted or did your attorney just make a verbal request to the court for this?

DANDY DON IN OKLAHOMA ([email protected])
The house is worth $150,000, the 401K was about $500,000 and the misc accounts/stocks about $50,000. The $50,000 is where I assume the allowance will come from.

My attorney submitted a a written claim against the estate for the funeral expenses before the deadline was up. He also requested it when we went before the judge in late June.
 

nextwife

Senior Member
The house is worth $150,000, the 401K was about $500,000 and the misc accounts/stocks about $50,000. The $50,000 is where I assume the allowance will come from.

My attorney submitted a a written claim against the estate for the funeral expenses before the deadline was up. He also requested it when we went before the judge in late June.
You have a marital interest in 401K funds that accrued DURING the marriage and should fight for those.
 

Dandy Don

Senior Member
From the way you wrote the post, you implied that the kids were getting the $50,000 in stocks.

Consider having an estate sale or garage sale of some of the items you were left.

If there are not any assets left in the estate, an appeal won't do you much good and will only add to attorney fees.

The fact that you were tricked out of being executrix is very suspicious if there was no good reason for you not to serve (you should have raised a major stink about that). You should seriously consider getting a second opinion from another attorney (perhaps in a free consultation if possible) to see if you were unjustly treated in this aspect. If you know the name of the company that held the 401K funds, then you should ask someone (not your current attorney--perhaps a savvy friend or relative) to contact that company and ask/look in to the rules and regulations on who was eligible to receive this money--spouses usually get preferred status and you should have gotten some of this money unless there is a technicality that prevents a spouse who is not the original spouse from getting a share. I would question whether you were told the truth about your eligibility for the 401K money. It seems like the judge may be biased against you and certainly the executor cousin is--they seem to be taking advantage of your ignorance of the law or naivete.
 

nms1107

Junior Member
From the way you wrote the post, you implied that the kids were getting the $50,000 in stocks.

Consider having an estate sale or garage sale of some of the items you were left.

If there are not any assets left in the estate, an appeal won't do you much good and will only add to attorney fees.

The fact that you were tricked out of being executrix is very suspicious if there was no good reason for you not to serve (you should have raised a major stink about that). You should seriously consider getting a second opinion from another attorney (perhaps in a free consultation if possible) to see if you were unjustly treated in this aspect. If you know the name of the company that held the 401K funds, then you should ask someone (not your current attorney--perhaps a savvy friend or relative) to contact that company and ask/look in to the rules and regulations on who was eligible to receive this money--spouses usually get preferred status and you should have gotten some of this money unless there is a technicality that prevents a spouse who is not the original spouse from getting a share. I would question whether you were told the truth about your eligibility for the 401K money. It seems like the judge may be biased against you and certainly the executor cousin is--they seem to be taking advantage of your ignorance of the law or naivete.
Yes, the 50K in stocks goes to the kids as the will said I received the home and all the contents and the kids got everything else. The 401K is not comsidered part of the estate but the stocks are

There was no good reason for me not to serve - my husband put me on as executor years ago - but the son went behind my back the day after the funeral and got the estate attorney (another cousin) to go to the judge and get me removed and his cousin put in without informing me. I told my attorney that I felt this was absolutely wrong but he didn't do/say anything about it.

I will get someone else to call the 401K company and double check on a spouse's eligibility.

The judge and cousins (both attorney and executor) are definitely biased against me. Funny how the family all loved me and thought I was the greatest when I was there taking care of my husband as he slowly slipped away but it all changed overnight.

Speaking of the judge, the ruling she made on the car goes against what is in Iowa probate code - how can she do that??? Even if the title wasn't in my name, it's still property located at the home.

Also, does anyone think my attorney has been negligent in his handling of my case? He has made errors - like not fighting for my executor position and having me turn over property that belonged to me according to the will - that I don't think any reasonable attorney would make.
 

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