Iowa: What Rights Do I Have as a Surviving Spouse When My Spouse Died Without a Will?
What rights do I have as a surviving spouse when my spouse died without a will? Short answer: As a surviving spouse in Iowa who lost a spouse without a will (intestate), you have statutory rights to inherit the decedent’s property under Iowa’s intestacy rules, to participate in probate, to seek appointment as the estate’s […]
Read article →Iowa — Getting Appointed as Administrator When a Spouse Dies Intestate
Detailed Answer If your spouse died without a will in Iowa and other family members refuse to cooperate, you still have a clear path to be appointed the estate's personal representative (often called an administrator or administrator with will annexed). Iowa law governs appointment and priority for personal representatives through the probate process. The steps […]
Read article →Iowa: Claiming Foreclosure Surplus Funds from a Deceased Parent’s Property
What to do if surplus funds exist after a foreclosure of a deceased parent’s home when the estate was never probated Quick summary: When a foreclosure sale brings in more money than the lender and sale costs, the extra money (the “surplus”) belongs to the person(s) legally entitled to the property or the decedent’s heirs. […]
Read article →Iowa — Do You Need Probate to Recover Surplus Funds?
Detailed Answer — How Iowa law treats surplus funds and when probate is needed What “surplus funds” are: Surplus funds (also called “overages” or “overplus”) arise when a court-ordered sale (for example, a sheriff’s sale after foreclosure or an execution sale) brings in more money than the debts, costs, and liens that the sale was […]
Read article →Transferring an Inherited Single‑Member LLC Membership Interest in Iowa
Detailed answer Short overview: When a person dies owning a membership interest in a single-member Iowa LLC, that membership interest becomes part of the decedent’s probate estate (unless it was held in a non‑probate vehicle). The personal representative (executor/administrator) transfers the decedent’s property to the heir or devisee under Iowa probate procedure. For LLC purposes, […]
Read article →What Iowa Secretary of State Documents Prove an LLC Had a Sole Member?
Confirming an Iowa LLC’s Sole-Member Status: Paperwork to Show a Bank Detailed Answer When a bank asks you to prove that a family member was the sole member of their Iowa limited liability company (LLC), the bank is looking for official, verifiable documents that show the LLC’s formation, current standing, ownership, and—if the member is […]
Read article →Iowa: How to Ask the Court for an Accounting of Estate Assets During Probate
How a Beneficiary Can Get an Accounting During Probate in Iowa Detailed answer This answer explains, in plain language, how beneficiaries can obtain a full accounting of estate assets and transactions while an Iowa probate is open. It summarizes the typical duties of a personal representative, the rights beneficiaries have to information, and the steps […]
Read article →Becoming the Administrator of a Sibling’s Intestate Estate in Iowa
Detailed Answer: How to qualify as the administrator of your sibling’s estate in Iowa Short answer: If your sibling died in Iowa without a will (intestate), you can petition the county probate court where your sibling lived to be appointed administrator if you are the person with sufficient priority under Iowa’s probate rules, can satisfy […]
Read article →Iowa: Recovering Funeral Expenses and Other Pre-Settlement Costs
Detailed Answer — How Iowa law handles funeral expenses and pre-settlement costs Short answer: In Iowa you can often be reimbursed from the decedent's estate for reasonable funeral expenses and other necessary costs you paid before the estate is settled, but reimbursement depends on whether the estate has assets, whether you follow the probate claims […]
Read article →Iowa — If Divorce Isn’t Final, Can an Estranged Spouse Inherit?
Can an Estranged Spouse Inherit If the Divorce Was Not Final? Short answer: Yes. Under Iowa law, if a person dies before the divorce is final, the surviving spouse is still legally the decedent's spouse. That means the estranged spouse keeps normal spousal rights at death—inheritance by intestacy, rights under a will that names the […]
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