Legal Options For Retrieving Deceased Sisters Belongings
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My sister passed away over a year ago. The man she was living with is refusing to return her items to my parents who are her next of kin.
Did your sister leave a will or any legal document stating the distribution of her belongings?
No
What state are you located in? Laws regarding property distribution after death without a will vary by state.
Iowa
In Iowa, if a person dies without a will, their property is distributed to their closest relatives under the "intestate succession" laws. Did your sister have any children or was she married?
She signed her rights of to her children years ago and no she was not married
What was the reason for your sister signing off her rights to her children? In Iowa, parents can't disinherit their children unless there's a legal reason.
She was a drug addict and didn't want them
In Iowa, if a person dies without a will, their property goes to their closest relatives. Since your sister had no children or spouse, her parents are next in line.
Right so how do they get her stuff since he is refusing?
What steps have your parents taken so far to retrieve your sister's belongings? In Iowa, they may need to go through probate court to legally claim her property.
We have contacted the guy several times and he keeps refusing
Have your parents considered filing a petition in the probate court? In Iowa, probate court can help in such situations.
No
They should consider filing a petition in the probate court. The Polk County Probate Court in Des Moines, Iowa can be reached at (*) *-*.
Thank you
You're welcome, ****. If you need further assistance, feel free to ask.