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My Aunt passed, I have power od attorneys, living will, but

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no will for money or...
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: 2 years ago.Category: Estate Law
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Answered in 1 minute by:
11/22/2015
Estate Lawyer: LegalGems, Attorney replied 2 years ago
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 11,162
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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My sympathies please as I look into this for you.

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Estate Lawyer: LegalGems, Attorney replied 2 years 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.

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Estate Lawyer: LegalGems, Attorney replied 2 years 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

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Estate Lawyer: LegalGems, Attorney replied 2 years ago

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

Should you have further questions please post here to continue our dialogue. Otherwise,

kindly rate positively

as I am an individual contributor and rely on positive ratings to receive compensation for providing the requested information - this does not result in additional charges to the customer, but rather allows the site to credit my account a percentage to compensate me for my time.

THANK YOU!

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LegalGems
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