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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 7456
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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My Aunt passed, I have power od attorneys, living will, but

Customer Question

My Aunt passed, I have power od attorneys, living will, but no will for money or possessions. I am her only relative and have taken care of her. What do I need to do?
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

My sympathies please as I look into this for you.

Expert:  LegalGems replied 1 year ago.

When a person has propery that is not addressed in the living will, there is generally what is called a pour over will that addresses this property. However, some people do not include this, and so the property not addressed in the will is probated, and passes via the laws of intestate succession (next of kin).

Information on probate here: http://www.iowabar.org/?page=LegalInfoProbate

In order to open probate one needs to petition the court:

633.229 PETITION FOR ADMINISTRATION OF AN INTESTATE ESTATE. The petition for administration of an intestate estate shall contain the following: 1. The name, domicile and date of death of the decedent. 2. If the decedent was domiciled outside the state at the time of the decedent's death, a statement that the decedent had property within the county in which the petition is filed, or any other basis for jurisdiction in such county. 3. The name and address of the surviving spouse, if any, and the name and address of each heir so far as known to the petitioner. 4. The estimated value of the personal property of the estate plus the estimated gross annual income of the estate during the period of administration.

Expert:  LegalGems replied 1 year ago.

P. 36 of this treatise explains the exact process: http://c.ymcdn.com/sites/www.iowabar.org/resource/resmgr/CLE_materials/2014_Basic_Skills_Sept_Proba.pdf

Expert:  LegalGems replied 1 year ago.

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Here is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm

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