Russell F. Dumka v. Lori Erickson and Edward Jones

Crone, Judge.

Case Summary

Russell F. Dumka appeals from the trial court’s order denying garnishment of an individual retirement account inherited by Lori Erickson from her husband. Although he concedes that the asset is exempt from garnishment, he argues that the trial court erred by applying the statutory exemption because it was Lori’s burden to assert the exemption and she failed to do so. Concluding that the order complies with the evidence and the law, we affirm.

Facts and Procedural History

In May 2014, Dumka and Craig Erickson (now deceased) each owned fifty percent of MIKO-Home Machine…