In the Matter of the Estate of Mary Florence Whalen, Michael Whalen
2013 Iowa Sup. LEXIS 16
| Iowa | 2013Background
- Flo Whalen died in Iowa 2012, survived by husband Michael and ten children; her will (2009, New Mexico) directs burial in Billings, Montana in a plot she purchased; she left a letter urging burial in Montana; the Final Disposition Act (Iowa Code ch. 144C) enacted in 2008 governs remains disposition with a designee having sole discretion; probate court ordered Montana burial contrary to Michael's claim under 144C.5; court reverses, holding 144C controls and preempts common law and Flo’s will cannot serve as a declaration; remand to permit burial in Montana if designee not designated by Flo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 144C preempt common law burial rights when decedent left burial instructions? | Mary Ann argues 144C.5 is inoperative. | Michael contends 144C.5 governs disposition, superseding common law. | Yes, 144C controls and preempts common law. |
| Can Flo’s will serve as a declaration under 144C to designate a designee? | Executor argues will effectively designates executor under 144C. | Court should look to statutorily compliant declaration form; will not qualify. | No, Flo’s will does not satisfy 144C.6/2 and cannot be a declaration. |
| Does the legislature intend that a decedent’s instructions bind the designee under 144C? | Designee would implement decedent’s wishes. | Designee has sole discretion; instructions not binding. | Designee has sole discretion; instructions binding on designee only if law requires. |
Key Cases Cited
- Alcor Life Extension Found. v. Richardson, 785 N.W.2d 717 (Iowa Ct.App.2010) (statutory framework governs disposition of remains; not binding on designee)
- In re Estate of Bockwoldt, 814 N.W.2d 215 (Iowa 2012) (statutory interpretation and preemption of common law by 144C)
- In re Estate of Myers, 825 N.W.2d 1 (Iowa 2012) (equitable review; statutory governing scheme explained)
- Doe v. Iowa Dep’t of Human Servs., 786 N.W.2d 853 (Iowa 2010) (legislative intent and interpretation in statutory context)
- Thompson v. Deeds, 93 Iowa 228 (Iowa 1895) (expressed wish as to final resting place honored when possible)