In the Matter of the Estate of Richard Willard Lamour, Leslee Heiberger and Liz Kilburg
16-1282
| Iowa Ct. App. | Jun 7, 2017Background
- Richard LaMour died in 2013; his will named his son Logan as executor. Logan initially reported a small estate value (~$100,000) and later reported a much larger estate (~$675,688).
- Logan sought executor fees and extraordinary expenses; two sisters, Leslee Heiberger and Liz Kilburg, objected, alleging withheld assets (including jointly held accounts) and contesting fee allocations.
- Judge Monica Ackley awarded limited executor fees and ordered certain disputed fees to be charged only against the sisters’ shares; disputes continued after Logan filed amended reports.
- Judge Bitter held a hearing and on May 4, 2015 issued an order resolving contested issues, setting total fees, directing Logan to file an amended final report reflecting equal distribution (including jointly held assets), and otherwise concluding the substantive disputes.
- Subsequent filings and hearings produced conflicting orders: Judge Ackley later approved a final report that omitted jointly held accounts, despite Judge Bitter’s prior May 4 order; the sisters appealed after Judge Ackley denied their motions to enforce Judge Bitter’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Judge Bitter's May 4, 2015 order was a final judgment that precluded later contrary action by another judge | May 4 order was a final adjudication conclusively determining parties' rights; later approvals conflicting with it were unauthorized | Subsequent actions and approvals were proper exercises of the probate court's continuing supervision and administration | Court held May 4 order was a final judgment; Judge Ackley lacked authority to approve a final report inconsistent with that judgment; reversed and remanded |
Key Cases Cited
- Franzen v. Deere & Co., 409 N.W.2d 672 (Iowa 1987) (defines final judgment as one conclusively determining parties' rights and ending court's authority on substantive issues)
- Waterhouse v. Iowa Dist. Ct., 593 N.W.2d 141 (Iowa 1999) (district court retains jurisdiction to enforce its judgment but not to relitigate substantive issues after final judgment)
- In re Estate of Herron, 561 N.W.2d 30 (Iowa 1997) (discusses standards for probate proceedings and related review issues)
