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In the Matter of the John F. Dybvik Revocable Trust
Julie Andera, Appellant/Cross-Appellee
vs.
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:
Summary
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.
