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My brother has been able to cause so much trouble without

hiring a lawyer. (Already turned...
My brother has been able to cause so much trouble without hiring a lawyer. (Already turned into DHS for false allegations) Would filing my dad's will in Iowa enable him to continue to go to Iowa DHS and complain? If the will was filed in Illinois could they continue to contact DHS?
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Answered in 3 minutes by:
9/19/2017
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 39,064
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
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What is he contacting DHS about?

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If your father still living?

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.

thanks

Barrister

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Customer reply replied 2 months ago
While my dad was in skilled care, he said that I abused him. He also said I financially abused him but I have all receipts and everything accounted for.No, my father passed away shortly after he had to start paying for a nursing home. My brothers didn't want him to pay and wanted his money instead so they went to court to stop feeding him. I tried moving him when I had POA but my brothers got it stopped and turned around and did that.

Ok, if father has passed, then his will can only be filed in the county probate court where he was a legal resident. So there would only be one place the will could be filed.

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As for filing complaints, that has nothing to do with the will but since father has passed, it is very unlikely that any new complaints would be followed up on if he were to try and file them.

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thanks

Barrister

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Customer reply replied 2 months ago
I preplanned the funeral for my father. A year later he died. I had ordered 2 extra memorial books so everyone was guaranteed one. I was told I would have the original book since I preplanned it and paid for the funeral. The funeral home decided since everyone wanted the original book that they would split the original pages so everyone would have some of the original and copy. The funeral home won't release the memorial money to me. I had the lawyer call the funeral home to release the memorial money to the lawyer but the funeral home won't because he also represents me and not my brother. He is going to call my brother to see if he will approve the release. Legally can the funeral home do this? Legally can they refuse to give it to a lawyer? If they can, how do we ever get the memorial money?

You may have to have the attorney send a letter threatening to sue them if they don't release it to the representative of the estate. But legally they only have to release money to his estate rep so if no one has filed a probate case to be appointed to settle the estate, then it would take all the heirs' approval.

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Customer reply replied 2 months ago
An estate doesn't need to be opened because there isn't much to even open one. The will was given to be filed. What happens if brothers don't get along?

Then one of them will have to file a "small estate affidavit" with the probate court and then give a copy to the funeral home so they will turn the money over to that person. That person then has the legal duty to divide it among the heirs of the estate after all bills are paid.

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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 39,064
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
Barrister and 87 other Estate Law Specialists are ready to help you
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Barrister
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 39,064
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Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

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