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In re Estate of Schultz
In the Matter of the Estate of Lorraine S. Schultz, Deceased
Katrina Moreland, Keyli Kiefer, and Krista Nebendahl, Appellants
Attorney for Appellants
Matthew J. Hemphill
Attorney for Appellee
Max E. Kirk
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Allamakee County, Richard D. Stochl, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS. Considered by Tabor, P.J., Buller, J., and Carr, S.J. Opinion by Buller, J. (11 pages)
Three beneficiaries appeal a ruling on their objections to an executor’s final report. OPINION HOLDS: Because we find that the siblings entered into the Family Settlement Agreement (FSA) before their interests vested and that after the deaths of two of the parties their beneficiaries became necessary parties to the agreement, the FSA is invalid, and the property should not have been distributed based on its terms. But we reverse and remand for additional evidence of the validity of the will that preceded the FSA. We issue no ruling on the accounting issue not properly before us, and we affirm the portion of the ruling addressing self-dealing.
