Quote:
Originally Posted by GabyKeepsMeWarm
I've got a situation.
My dad died in May of last year, and I'm the executor of his estate. It's been a nightmare. He died without a will and sorting through everything has been an awful mess.
My father lived in Iowa, and he had a "companion" that he met online. I've been very skeptical of this woman from the outset, but how do you tell your 78 year old father he's being taken for a ride? His "companion" lives in New Mexico, and my father would go down to New Mexico during the Winter months. Dad bought a motor home and left it in New Mexico, giving her full access. However, the motor home was only titled and registered in his name.
Well, after dad died, I discovered this woman had the motor home retitled and registered in her name.
I've spoken to several lawyers, including the DA of the county in which the motor home was stolen, as well as the state police and local law enforcement, and I haven't gotten anywhere.
Law enforcement is calling it a civil matter, even saying that this woman claims my father gave her the vehicle prior to his death. It's incredibly frustrating. If her claims are true, which they are not, why did she wait until after he died to retitle and reregister the vehicle?
Every attorney I've spoken to is calling this a law enforcement matter.
It's like nobody wants to do their ****ing job, and I'm at my wits end about this.
Any advice?
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Did you get appointed as executor by the probate court and is there an attorney for the estate?
My thoughts is that if there is a probate case and you are the executor appointed by court order after you applied to be appointed, it is your duty to marshal the property that belongs in the estate and if someone is claiming ownership of property that you believe belongs to the estate, then you should file a contested companion case to determine if the property is part of the estate.
You should name the other person as defendant in the companion case and use subpeona power or powers as executor from the probate case to get the title history from motor vehicles and any other relevant records.
I assume if father did not sign over the title or name companion as TOD on a new title, then you would have a case to set aside any title procured by fraud or forgery.
Does Iowa let you get letters of appointment without an attorney?
In Missouri, you need an attorney to be in the case when you get letters of appointment and attorney would be the one taking the lead on deciding if a companion case would be needed.