Legal Opinion

In the Matter of the Estate of Karen J. Myers, Rex A. Picken

Supreme Court of Iowa

Decided November 2, 2012No. 11–1378PublishedCited by 25 opinions

1Opinion of the Court

WATERMAN, Justice.

This appeal presents a question of first impression: whether a surviving spouse’s elective share, as defined in Iowa Code section 633.238 (Supp.2009), includes pay-on-death (POD) assets. 1 The probate court ruled that three of Karen Myers’s assets, a checking account, certificate of deposit, and an annuity, all payable on her death to her daughters, should be included in the elective share of her surviving spouse, Howard Myers.

The assignees of Howard’s elective share (assignees) argue the elective share should include POD assets under Sieh v. Sieh, 713 N.W.2d 194, 198 (Iowa…

2Cases cited7 opinions

  1. City of Cedar Rapids v. James Properties, Inc.Supreme Court of Iowa · 2005
  2. Dalia v. LawrenceSupreme Court of Connecticut · 1993
  3. In Re Estate of ThomannSupreme Court of Iowa · 2002
  4. Davis v. StateSupreme Court of Iowa · 2004
  5. Krisha Bowman v. City of Des Moines Municipal Housing Agency Scott Littell in His Official Capacity as Review Officer and Sara Henry, in Her Official Capacity as Occupancy and Program Enforcement AdministratorSupreme Court of Iowa · 2011

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3Cited by25 opinions

  1. In the Matter of Trust T-1 of Mary Faye Trimble, Judith R. Cunningham, TrusteeSupreme Court of Iowa · 2013
  2. In the Matter of the Estate of Mary Florence Whalen, Michael WhalenSupreme Court of Iowa · 2013
  3. Amended July 31, 2015 In RE the Marriage of Susan Michelle Thatcher and Ronald Dean Thatcher Upon the Petition of Susan Michelle Thatcher, Anna Carson as for the Estate of Susan Michelle ThatcherSupreme Court of Iowa · 2015
  4. In the Matter of the Estate of Glen A. Waterman, Jingles Ti-Okay WatermanSupreme Court of Iowa · 2014
  5. State of Iowa v. Patrick Ryan NicolettoSupreme Court of Iowa · 2014

20 more not listed; retrieve them via the Exa API.

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