Dying without a Will?

Question

My father was died in a car accident last week and did not have a will. We live in Iowa. There are 2 kids from a first marriage and 2 from a second marriage with my current stepmom. How will things be handled? Many people tell me that the state will step in a settle this? Is that correct? If so --how does it work? Do they mail us a letter? How will things be divided? ANy help you can give me would be greatly appreciated!

Answer 1

Chapter 633 of the "Iowa Code" covers the laws in Iowa related to the probate process and dying intestate (without a will). This is all very complex but if you want to see the actual law, go here for Iowa's Rules of Inheritance:

http://nxtsearch.legis.state.ia.us/NXT/gateway.dll/moved%20code/Index/1?f=templates&fn=default.htm
(On the left side of the screen, click on "Chapter 633" Probate Code and scroll to the sections that I list below)

Chapter 633.210 Rules of Inheritance. through 633.259 cover the answer to your question.

But do contact a lawyer who is licensed in Iowa for assistance. Usually one would expect that the surviving spouse might have done this already.

Another good reason to write a will NOW. Don't let the state do it.

Answer 2

I am amused by some of the answers posted here, most of which are so misinformed that I'm also terrified if you were to place any trust in what they say. The state doesn't actually "step in" and take over, but the laws of the state determine how your father's estate will be distributed. I have placed a link to a site that summarizes in plain English the succession law in Iowa (Sec. 633.212 of the Iowa Code). The best advice posted here is from OldeSalt. Find an attorney who practices in the area of probate law that would be willing to give you some advice before taking you on as a client--well actually not you but your stepmother. If your Dad didn't have much of an estate, he/she will tell you whether an attorney's service is advisable. I don't know about Iowa, but in Kansas I was able to handle all of my son's estate settlement with the help of the staff in the clerk's office of the County Probate Court because it was under the monetary requirements for filing with the court.

I'm so sorry for your loss. The worst part of losing a loved one is that the world doesn't stand still while you attempt to get your bearings.

(to Hoodydoody: I work for 4 of the most generous humanitarians I know. If our firm was located in Iowa, our trust and estates attorney would initially counsel this family without charge. You use a broad, prejudiced brush when you generalize all attorneys in the same category. Those parasites that you refer to are a very small minority of a large group of people that have dedicated their lives to helping people.)

Answer 3

First, a personal representative will be appointed by the Court. (Procedurally, an interested party files a ex-parte petition to the probate court in the jurisdiction where the decedent resided, or where the decedent held his property. Notice is sent to all interested parties regarding the nomination of the personal representative. A hearing is held, and if no one objects, the nominated person becomes the PR)

The PR can be a family member, though it doesn't have to be. The role of the PR is to 1) gather the assets of the estate; 2) satisfy the decedent's creditors; and 3) distribute what's left and close the estate.

The rules of intestate succession (who gets what with no will) differs from jurisdiction to jurisdiction, but in most cases where there is a large estate, approximately half of the estate will go to the spouse and the remaining half will be split among the children.

See: http://en.wikipedia.org/wiki/Intestacy

Answer 4

The state will step in- it will go into probate court. How it will divided depends a lot on your state laws as it varies a lot state-to state. You should consult an attorney, but try to find an honest one, not an ambulance chaser.

I am sorry for your loss.

Answer 5

You should seek out a lawyer who is trained in these cases (and licensed in Iowa) to get a TRUE AND ACCURATE answer to your case. Go to the professionals when you have a professional question, not to us yahoos on YAHOO.
Bottom line: GET A WILL EVEN IF YOU'RE DIRT POOR!(I recently lost a relative and the family ran into all kinds of problems..even though she had very little in assets ...$24.00 in her checking account..the family told the bank to keep it...cost more to get it than what was there...and by the time they DID get it, it would be gone in bank charges!
Good luck!

Answer 6

His wife will get everything that the government doesn't take. Any credit that he has just by himself, like a sole applicant on a credit card, will be paid out of his sole assets, like a car in his name only, unless his widow reaffirms the debt in her name and is accepted by the creditor. Otherwise, his assets will be sold off to pay his individual debts. More than likely, creditors will allow his widow to assume his debts, unless she has such bad credit that she couldn't get a prepaid phone card. Debts, like a $300 credit card balance, for instance, will likely be written off by the CC company. Big debts will have to be settled.

You will get nothing. Even when his widow dies, if she doesn't leave a will, her own children will have priority over your father's children. If everything that she's got came from your father, you can contest that in probate court. If they were basically equal in assets when they married, you'll get nothing. If you feel that you are entitled to some part of his estate, you need to act quickly to get your claim in. If you just want sentimental items, suck up to his widow and ask her for them. (sugar vs vinegar vis a vis flies)

Everyone should have a will. You can get one that is state-specific for about $20 on www.legalforms.com. That's a basic will for people who don't have millions of dollars, a couple of houses, and a stock portfolio. Not having one leaves everything up to the courts.

Edit: Sorry, I forgot to give you my condolences. That should have preceeded any talk of money.

Answer 7

Basically, things will be tied up in probate for a long time.

And depending upon the laws, it might all go to the woman he was married to at the time of his death. But if I were you, I would contact a lawyer and find out what to do.

Answer 8

i'm so sorry for your loss. that's got to be awful for you and your family. my heart goes out to you, it truly does. however, i'm not sure what each state law requires in this matter. in my state, the entire estate of the deceased automatically goes to the widow. it wouldn't hurt to contact a lawyer and ask them some questions. some lawyers will give you the initial consultation free of charge. it may not hurt at all to ask just to be sure. good luck with it.

Answer 9

fIRST IF NO WILL IT WILL GO INTO THE COURTS TO BE SETTLED. IF ALL CHILDREN ARE YOUR FATHER'S BIOLOGICAL CHILDREN, THERE WILL BE A PORTION SPLITBETWEEN ALL OF YOU. IF NOT ONLY THE BIOLOGICAL CHILDREN INHERIT.. THE WIFE IS ENTITILED
TO THE MARITAL HOME AND QUITE A FEW OTHER THINGS IT IS BROCKEN DOWN TO A PER CENT OF THE ESTATE. tHE BILLS WILL FIRST HAVE TO BE PAID FOR ANY FINANCIAL OBLIGATIONS BEFORE ANYONE GETS ANYTHING, EXCEPT FOR THE MARITAL HOME. iF A WILL WAS MADE IT WOULD KEEP IT OUT OF THE EXPENSIVE COURT PROCESS, I HOPE YOU WILL LEARN THAT ANY WILL IS BETTER THAN NONE.
tHE GOVERNMENT JUST GETS ALOTOF THE MONEY

Answer 10

your step mom will get everything. then when she passes, you will have a shot at anything left. search for life insurance policies that you may be a beneficiary to. many parents who remarry take out life insurance policies and name their children as beneficiaries to ensure they will inherit. i would assume you get nothing. then if you do get something it will be a surprise. DONT hire a lawyer. they are parasites and should be exterminated. all they will do is give you false hope so they can drain your bank account.