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Case No. 20-0200

In the Matter of the John F. Dybvik Revocable Trust

Julie Andera, Appellant/Cross-Appellee


Nola Dybvik, Jed Dybvik and First Citizens Bank f/k/a First Citizens Nation Bank, Trustee of the John F. Dybvik Revocable Trust, Appellees/Cross-Appellants

Attorney for Appellant

James Burns and Dana DeSimone (until withdrawal)

Attorney for Appellees Nola Dybvik and Jed Dybvik

Shaun Thompson

Attorney for Appellee First Citizens Bank

Collin M. Davison

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 30, 2020

            Appeal from the Iowa District Court for Winneshiek County, Alan T. Heavens, Judge.  AFFIRMED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (11 pages)

            Julie Andera appeals the district court’s decision to deduct the assessed penalties and interest from the form 706 tax filings against her trust share.  Successor trustee First Citizens, and trust beneficiaries Nola and Jed Dybvik, cross-appeal the district court’s decision to award Andera $20,000 for work she performed prior to her removal as trustee.  And Nola and Jed appeal the denial of sanctions against Andera.  OPINION HOLDS: Because we find Andera breached her duty to not engage in self-dealing, she must repay the resulting costs of that breach.  We affirm the deductions against her trust share.  Finding no abuse of discretion, we affirm the trustee fee award of $20,000.  We agree with the district court that sanctions were not appropriate in this case. 

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