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Case No. 21-0455

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

U.S. Bank, National Association
v.
Jeffrey S. Bittner, Individually and as Trustee of the Joan Y. Bittner Marital Trust and Midwestone Bank, as Conservator of the Joan Y. Bittner Marital Trust

Jeffrey Bittner, son of decedent Richard Bittner, appeals from the declaratory judgment awarding his mother the full amount of the decedent’s IRA funds rather than placing those funds in a trust, arguing the court erred by excluding extrinsic evidence allegedly showing his father’s intent.

County:
Scott

Resister

U.S. Bank, National Association

Applicant

Jeffrey S. Bittner, Individually and as Trustee of the Joan Y. Bittner Marital Trust and Midwestone Bank, as Conservator of the Joan Y. Bittner Marital Trust

Attorneys for the Resister

Lynn W. Hartman
Nicholas D.K. Petersen

Attorneys for the Applicant

Jeffrey S. Bittner
M. Leanne Tyler

Timothy J. Krumm
Danica L. Bird

Supreme Court

Oral Argument Schedule

Non-Oral

Jan 18, 2023 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
21-0455
Date Published:
Mar 03, 2023
Date Amended:
Apr 07, 2023

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0455
Date Published:
Jun 15, 2022
Summary

            Appeal from the Iowa District Court for Scott County, Thomas Reidel, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Blane, S.J.  Opinion by Blane, S.J.  (12 pages)

            A son challenges the district court’s grant of declaratory judgment to U.S. Bank, the trustee of his father’s individual retirement account, finding his father left the asset to his mother.  OPINION HOLDS: Because we find the district court read the clear and unambiguous language of the IRA agreement and beneficiary designation correctly, we affirm.

Other Information

Date Further Review is Granted:
Aug 29, 2022
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