Shawn Shelton
v.
The Trust Created by the Joint Trust Agreement of Larry E. Shelton and Katherine Shelton, Mary Joleen Pavelka, Ann Jetora Mueller f/k/a Jetora Ann Mueller, and Jan Marie Gwinn
Appellee
Shawn Shelton
Appellant
The Trust Created by the Joint Trust Agreement of Larry E. Shelton and Katherine Shelton, Mary Joleen Pavelka, Ann Jetora Mueller f/k/a Jetora Ann Mueller, and Jan Marie Gwinn
Attorney for the Appellee
Shawn P. Shelton, pro se
Attorney for the Appellant
Drew J. Gentsch
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, David May, Judge. REVERSED AND REMANDED WITH INSTRUCTIONS. Considered by Doyle, P.J., and Tabor and Schumacher, JJ. May, J., takes no part. Opinion by Doyle, P.J. (9 pages)
Defendant beneficiaries, individually and in their capacity as co-trustees of their parents’ trust, appeal the district court’s ruling denying their motion for summary judgment against their plaintiff brother, Shawn Shelton. OPINION HOLDS: Because Shawn failed to commence his action within one year of his mother’s death, his claim is barred under Iowa Code section 633A.3108 (2017). The district court erred in denying the Defendants’ motion for summary judgment on this issue. So we reverse the district court’s summary judgment ruling and remand to the district court for entry of summary judgment for the Defendants.
