Winslow v. Poole
Robert John Winslow, Plaintiff-Appellee,
vs.
Benjamin H. Poole, Sherry Poole, Nathan Poole and Melissa Poole, Defendants-Appellants,
and
Iowa State Bank, Trustee of the Ann D. Winslow Declaration of Trust a/k/a Ann D. Winslow Trust and Conservator of Ann D. Winslow, Charlene M. Winslow, Jacob A. Poole, Scott Davis, Margaret Fehn, Shelly Ertel, Bethel Mission of Des Moines, Iowa, Brittany A. Winslow, Shan R. Winslow, Christina R. Winslow, Sarah A. Winslow, Mackenzie L. Winslow, Joseph D. Winslow, Morgan Rae Todd, Ann Winslows Adopted or Afterborn Grandchildren or Step Gran Children, Mile R. Schram, Jane Edson, Jon Dunlop and Ann Lundin, Defendants.
Attorney for Appellants
Matthew G. Sease
Amanda Green
Attorney for Appellee
Aaron W. Ahrendsen and John Werden
Guardian ad Litems
Mary Lauver
Jessica Morton
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, David Porter, Judge. REVERSED AND REMANDED FOR DISMISSAL. Heard at oral argument by Tabor, C.J., and Ahlers and Langholz, JJ. Opinion by Tabor, C.J. (16 pages)
Stepchildren of a trust settlor appeal the denial of their motion to dismiss predeath claims by the settlor’s son. OPINION HOLDS: Because the son’s interest in his mother’s trust is too speculative and contingent during her lifetime, he lacks standing to bring these claims before her death. We reverse and remand for entry of an order dismissing his petition.
