In the Matter of the Trust of Floyd F. Kallmer
L.K., Appellant/Cross-Appellee
James Kallmer and William Kallmer, Appellees/Cross-Appellants
Attorney for Appellant
Katie F. Morgan (until withdrawal) and Tisha M. Halverson
Attorney for Appellees
Michael R. Bovee
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Buena Vista County, David A. Lester, Judge. AFFIRMED ON APPEAL; REVERSED AND REMANDED ON CROSS-APPEAL. Heard by May, P.J., Scott, S.J. and Gamble, S.J. Opinion by May, P.J. (10 pages)
This is a dispute over a trust. James and William claim they are the only beneficiaries. L.K. claims he is also a beneficiary. The district court sided with James and William. L.K. appeals that determination. L.K. also appeals the district court’s refusal to appoint a co-GAL for him. James and William cross-appeal an order requiring the trust to pay L.K.’s attorney fees for this appeal. OPINION HOLDS: (1) The district court did not abuse its discretion in declining to appoint a co-GAL. The appointment would have certainly created costs for the trust; but there was no reasonable hope the appointment would create any concrete benefit for L.K. (2) The district court was correct in granting summary judgment and declaring James and William are the sole beneficiaries of the trust. L.K. claimed he was a beneficiary because of equitable adoption; but L.K. admits he cannot meet Iowa’s requirements for equitable adoption. (3) The district court erred in taxing the GAL’s appellate attorney fees prior to the appeal. On remand, the district court shall tax them as costs to L.K., the unsuccessful party on appeal. If the fees “cannot be collected” from L.K., the GAL may file a motion under Iowa Code section 625.5.
