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Case No. 18-1415

For summaries from opinions prior to August, 2018, view PDF versions here

Angela Chapman and Kristine Ford
v.
Barbara Brechler

Appellee

Angela Chapman and Kristine Ford

Appellant

Barbara Brechler

Attorney for the Appellee

Michael R. Bovee and Jill M. Davis

Attorney for the Appellant

Steven R. Postolka and Stephen F. Avery

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1415
Date Published:
Jul 03, 2019
Summary

            Appeal from the Iowa District Court for Clay County, Don E. Courtney, Judge.  AFFIRMED.  Heard by Potterfield, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (10 pages)

            Barbara Brechler appeals from the district court’s summary judgment rulings overruling her motion and sustaining the motion of Angela Chapman and Kristine Ford, her deceased husband Carl’s daughters.  OPINION HOLDS: First, we find Barbara was a proper party to the proceeding because Barbara’s right to be Carl’s designated beneficiary of his retirement account was in dispute.  Second, we agree with the district court that, under the terms of Carl and his ex-wife’s 2003 dissolution decree, to which Carl agreed, Carl’s daughters were to be named beneficiaries of the retirement account and therefore entitled to whatever funds, if any, remained in the account upon his death.  Carl’s changing the account’s beneficiary designation to Barbara was in violation of that decree.  Consequently, the district court did not error in its summary judgment rulings.  We therefore affirm the district court’s ruling sustaining Carl’s daughters’ motion for summary judgment and overruling Barbara’s motion for summary judgment.

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