UPDATES & ANALYSIS

6.21

Trust Beneficiaries Give Away Land, Can’t Get It Back

by Ryan Koopmans | June 21, 2013

By Ryan Koopmans

Today, the Iowa Supreme Court affirmed its longstanding enforcement of Iowa’s marketable title acts and the ten-year statute of limitations for claims involving interests in real estate.

The case,  In re Hord, involves a testamentary trust created in 1992, and comprised solely of Iowa farmland. In 1993, the remainder beneficiaries – in violation of the trust’s spendthrift clause – assigned their interests in the trust to the lifetime beneficiary, their aunt, and also quit claimed their interests in the farmland to the aunt. When the aunt died in 2009, she left the farmland not to her nieces and nephews but to a longtime family friend, who also happened to be trustee of the trust.

The former beneficiaries sued, arguing their deeds and assignments were void due to the spendthrift clause, and also that the trustee breached the fiduciary duties he owed them under the trust. The Court held all of the beneficiaries’ claims were barred by the ten-year statute of limitations on claims involving real estate under Iowa Code Section 614.17A.

SHARE

Tags:

FEATURED POSTS

Iowa Supreme Court to hear arguments in a defamation case April 3 at Drake Law School

Did a video recording of a school board meeting posted by the board on its YouTube channel defame a former tennis coach who alleges she was slandered by statements made during the public meeting? That question will be before the Iowa Supreme Court at an oral argument at the Drake Law School at 9:30 a.m. April 3 in Villarini v. Iowa City Community School District.

Iowa Supreme Court to hear arguments in eight cases March 26 and 27

The Iowa Supreme Court will hear arguments in eight cases March 26 and 27. Two cases will be submitted to the Court without oral arguments. Following are summaries of the March arguments. Go to OnBrief’s Cases in the Pipeline page to read briefs filed in these cases.

EDITORIAL TEAM

ABOUT

On Brief: Iowa’s Appellate Blog is devoted to appellate litigation with a focus on the Iowa Supreme Court, the Iowa Court of Appeals, and the U.S. Court of Appeals for the Eighth Circuit.

RELATED BLOGS

Related Links

ARCHIVES