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)?
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)?
Last edited: