Ex wife trying to get the money

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kimmarie0462

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My brother inlaw past away in July. He lived in Arkansas. He had a will made when he lived here in Iowa. In his will it states " I give and bequeath to my mother, ........... if living at the time of my death, all right, title and interest I may own at the time of my death, if any, in any clothing, jewelry, automoblies, household furniture and furnishings, receational equipment, and all personal effects used by me about my person or home, wheresoever located, subject to any embumbrances on them, at my death, which are not disposed of by the separate dated wrting. If.............. predeceases me, the property not disposed of by the separate dated writing, if any, shall be distributed as part of the residue of my estate.

I don't want to ask a stupid question but I'm forced to becuase apparently there is some question as to who is supposed to get his belongs. It's not me who is questioning this, it's my brother inlaws ex wife who thinks that she and my brother inlaws child should be entilted to everything. His ex wife sent a letter that says that if my mother inlaw doesn't pay up that she will force my brother inlaws estate into probate. She says she can do this because the child is named as a beneficiary, but it only names them if something has happened to his mother before he died. There was a piece of property my brother inlaw bought but had never put his name on Before he died he told my mother inlaw to have her name put on it. It's a property in Arkansas it's about and acre and a half of land with nothing on it. His name has never been on this property.

Any help in this matter would be greatly appreciated
Thank you.
Kim.
 
You will need to have an attorney in Iowa look at the will and tell you if it is valid under Iowa law. If so, then you need to probate the will in Arkansas. The land in Arkansas would be considered a gift to your mother-in-law and cannot be touched. Anything not disposed of by the will goes to the child.
 
The only things he had was the property that he told his mother to put in her name and his Ipers that he left his mother. It states in his divorce decree that his ex wife and child shall have no part of this. Other than those two things where was only personal effects. Now if the will is legal and is forced in to probate by the ex wife who is supposed to pay for it if there isn't any money in the estate?
 
Q: Now if the will is legal and is forced in to probate by the ex wife who is supposed to pay for it if there isn't any money in the estate?

A: Then she won't get any money.
 
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