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Case No. 23-0022

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

In re R.J. Wenck Trust


R.J. Wenck Trust, Appellant/Cross-Appellee

Anthony Wenck, Brenda Holt and Kris McDonald, Appellees/Cross-Appellants

Attorney for Appellant/Cross-Appellee

James R. Monroe

Attorney for Appellees/Cross-Appellants

Billy J. Mallory 

Trevor A. Jordison

Robert C. Gainer

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 07, 2024

            Appeal from the Iowa District Court for Madison County, Martha L. Mertz, Judge.  AFFIRMED ON APPEAL; REVERSED ON CROSS-APPEAL.  Heard by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (13 pages)

            A lifetime beneficiary of a trust appeals the denial of his application for distribution, seeking distribution of remaining 2018 trust net income and a portion of the principal.  Trust remaindermen cross-appeal an order for the trust to pay a portion of the lifetime beneficiary’s attorney fees.  OPINION HOLDS: There is no remaining 2018 net income to distribute, and the trustee did not abuse his discretion when he denied the lifetime beneficiary’s request for a principal distribution.  Accordingly, we affirm on direct appeal.  The district court erred by concluding Iowa Code section 633A.4507 (2019) authorized payment of a portion of the lifetime beneficiary’s attorney fees because the attorney’s efforts did not involve administration of the trust.  Therefore, we reverse on cross-appeal.

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