My uncle, her only serviving child, has not filled my grandmothers will. I do know that she did not stipulate the grandchildren get anything. But she did tell my uncle and his wife and me, her grandchild that we are to get money. he has not filed the will. they live in Iowa and own her house now.
I don't practice in Iowa or Nebraska so am not legally qualified to give you a definitive answer, but seeing as nobody else has chimed in, I'll give it a shot to try to point you in the right direction.
First, I'm not sure where grandma lived at the time of her death. I'm guessing Iowa since you say your uncle and aunt "live in Iowa and own her house now."
So let's discuss that point first. Your uncle and aunt can't actually own grandma's house unless something was done to legally transfer it from grandma to them. They can certainly live there and pay costs associated with it, but unless some legal process already happened to legally transfer the house to them, they do not actually own it. I suggest you see whether you can look up the property records to see whether uncle and aunt's names are on the title. If they are, then it is a pretty darn good indication that they went through probate already or that grandma somehow transferred the house to them while she was still alive. If their names aren't on the title (and grandma's name still is), then it's likely that (a) you're correct that grandma's will hasn't been probated but, (b) uncle and aunt do NOT own the house.
Next, there is a more confusing question that remains unanswered. You said "I am not in the will" but you didn't say whether your parent (grandma's child) was named in the will. If your mom or dad WAS named in the will, it is entirely likely that the will includes a provision that says that as soon as mom/dad dies, their interest would go to you. In other words, your name doesn't need to be specifically included in the will for you to be included as an actual beneficiary.
I'd say your best bet is to actually hire a lawyer in the same geographic area where grandma lived and search for one that specifically handles estate planning and probate. You should begin the conversation by asking them whether they know uncle/aunt/grandma. If they do, you might want to try somebody else. Also, from my perspective, you should find somebody who doesn't practice in more than about two other areas (in other words, they focus their practice on estate/probate stuff). You're also likely to spend less on a lawyer at a smaller firm than you are on a lawyer in a bigger firm. Use to find a lawyer with a high ranking AND with great client reviews AND great reviews by other lawyers. Finally, I suggest you meet with at least 3 different lawyers and decide which one makes you feel the most comfortable.
A good estate/probate lawyer should be able to help you get answers to some of these questions right up front. If grandma's will has NOT been probated and uncle refuses to get off his duff to do anything about it, you might be able to convince a court that he isn't qualified to serve as the executor and that you should be appointed to serve instead. Even if this doesn't happen, you can make sure you are notified of anything that happens in court so you'll better guarantee that everything is on the up and up.
I hope this helps! Best of luck to you.
