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My brother has been able to cause so much trouble without…

My brother has been able...
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: 42,576
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer. If you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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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 10 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 10 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 10 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: 42,576
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
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