Skip to main content
Iowa Judicial Branch
Main Content

Case No. 19-0054

In the Matter of the Estate of Robert Earl Siefkas, Deceased.

Michael Siefkas, Appellant

Attorney for Appellant

Peter M. Sand

Attorney for Appellee

Richard O. McConville

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jan 09, 2020

            Appeal from the Iowa District Court for Clarke County, John D. Lloyd, Judge.  AFFIRMED AS MODIFIED.  Heard by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Opinion by Mullins, J.  (7 pages)

            Michael Siefkas appeals a district court order in a proceeding concerning his father’s estate.  Michael argues the district court erred in determining a jointly-held account should be listed on the estate inventory and was subject to attorney fees.  He also argues the jointly-held account was not an estate asset.  OPINION HOLDS: The account was held in joint tenancy with rights of survivorship between the decedent and his two sons.  Accordingly, it was not an estate asset and ownership of the account passed automatically to the survivors.  However, because assets held in joint tenancy are considered gross assets of the estate for tax purposes, the account was properly included on the inventory form and may be considered in the court’s discretionary award of a reasonable attorney fee.  We offer no opinion as to how much should be allowed by the court as a reasonable fee. 

© 2023 Iowa Judicial Branch. All Rights Reserved.