Died Intestate, property in two states

[crmcorn65]

My aunt lived in Illinois for the past 40 years. February 2009 my dad and uncle moved her to an assisted living care facility in Iowa. She died in December 2009 without a will. I have 2 questions. 1. Was she considered a resident of Illinois or Iowa at the time of her death? 2. She only has 2 brothers and a lot of nieces and nephews-who would be entitiled to her estate?
Everything I've researched says her brothers are to inherit everything, but my uncle got a lawyer in Iowa that says because she has deceased siblings, the ones with children are also entitled to her estate, even though they are dead. She has 2 living siblings, and two deceased siblings with children. He says the estate would be split 4 ways, and then the children of each deceased sibling would split the 25% between themselves. She has property in Illinois and Iowa, but all of her belongings are here in Illinois.
To recap-what state was she a resident of at the time of death, and who is entitled to her inheritance since there was no will?
What state do we retain a lawyer?

Thank you.

 

[army judge]

My aunt lived in Illinois for the past 40 years. February 2009 my dad and uncle moved her to an assisted living care facility in Iowa. She died in December 2009 without a will. I have 2 questions. 1. Was she considered a resident of Illinois or Iowa at the time of her death? 2. She only has 2 brothers and a lot of nieces and nephews-who would be entitiled to her estate?

A person can possess many homes in many jurisdictions.

Your aunt is indicative of a person with residences in multiple jurisdictions.

Yet, she can be a citizen of only state.

Where was she registered to vote? That indicates HER citizenship predilection, if any.

Your aunt's brothers are her direct heirs.

Nieces and nephews do not count, as next of kin, except in Illinois. (See below)

Children of her siblings (her nieces and nephews) have no claim in Illinois, absent a will.

That is not true in Iowa.
She died intestate, thus the laws of intestacy apply.
Her assets should be probated in both states.

STIRPES: offspring of a person; his or her descendants. IE... inheriting per stirpes means having a right to a deceased's estate

ILLINOIS Intestacy LAW: If there is no surviving spouse or descendant but a parent, brother, sister or descendant of a brother or sister of the decedent: the entire estate to the parents, brothers and sisters of the decedent in equal parts, allowing to the surviving parent if one is dead a double portion and to the descendants of a deceased brother or sister per stirpes the portion which the deceased brother or sister would have taken if living.

Excerpted IOWA Intestacy Law: 633.219 Share of others than surviving spouse.
The part of the intestate estate not passing to the surviving spouse, or if there is no surviving spouse, the entire net estate passes as follows:


1. To the issue of the decedent per stirpes.

2. If there is no surviving issue, to the parents of the decedent equally; and if either parent is dead, the portion that would have gone to such deceased parent shall go to the survivor.

3. If there is no person to take under either subsection 1 or 2 of this section, the estate shall be divided and set aside into two equal shares. One share shall be distributed to the issue of the decedent's mother per stirpes and one share shall be distributed to the issue of the decedent's father per stirpes. If there are no surviving issue of one deceased parent, the entire estate passes to the issue of the other deceased parent in accordance with this subsection.

She has property in Illinois and Iowa, but all of her belongings are here in Illinois.

There will be two probate hearings, one for each state.
Real property in Iowa can't be probated in Illinois, and vice versa.

To recap-what state was she a resident of at the time of death, and who is entitled to her inheritance since there was no will?

What state do we retain a lawyer?

You said your father is your aunt's brother, right?

Your father is an inheritor in Iowa and Illinois, as is his brother.

As your father is alive, you have no rights to inherit your aunt's property.

A lawyer should be retained in BOTH Iowa and Illinois.
Or at least a lawyer that can practice in BOTH states, because this requires two different probate actions.

This online intestacy calculator could be useful:
http://www.mystatewill.com/specific_states.htm

 

[crmcorn65]

Thanks for your reply. I knew I didn't have any rights to the inheritance. But a few of my cousins seem to think they do and I'm trying to show my dad all this info so he will get a different lawyer, as it is the Iowa lawyer that wrote him a letter stating it should be divided between siblings and nieces and nephews. Thanks to your reply, I think I have him talked into it!