In the Matter of the Estate of Loren S. Bockwoldt, Dale Richard Willows, Conservator for Brandie Renee Bockwoldt, Minor Child of the Decedent v. The Estate of Loren S. Bockwoldt
2012 Iowa Sup. LEXIS 34
| Iowa | 2012Background
- This Iowa Supreme Court case concerns extraordinary attorney fees awarded to Wessels and SLH for defending a prior fee application in Loren S. Bockwoldt’s estate.
- The district court awarded Wessels $15,845.50 and SLH $17,957.91 plus $631.79 in expenses; Willows, conservator for Brandie, objected.
- The court of appeals reversed, holding fees for defending a fee application are not recoverable under Iowa law.
- The supreme court vacated the court of appeals and held extraordinary fees may be awarded for defending a fee application, but remanded to determine the amount for SLH.
- The 2009 application covered services February 1, 2007, to June 8, 2009; the 2007/ remand proceedings concerned defending the 2005–2007 fee applications.
- The court conducted de novo review of Wessels’ and SLH’s fee requests under sections 633.199 and rule 7.2(3), and remanded for itemized SLH documentation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defending a fee application falls within 633.199 | Willows: defense of fee awards is not a necessary/extraordinary service | Estate: defense of fee applications can be necessary and extraordinary | Defendants may recover for defending fee applications |
| Whether Wessels’ 2009 fees were adequately documented under Rule 7.2(3) | Willows: 2009 claim lacked itemization for SLH; inadequate | Wessels complied with 7.2(3) for himself; SLH lacked breakdown | Wessels’ 2009 fees supported; SLH’s fees must be remanded for itemized SLH breakdown |
| Whether SLH’s representation was the estate’s and compliant with law | SLH served as Wessels’ personal attorney; not estate | SLH acted for the estate and aided in appeals | SLH acted as estate’s counsel; not abuse of discretion; need for itemization remanded |
| Remand scope to determine reasonableness of SLH’s fees | SLH’s fees were unsupported due to lack of detail | District court abuses if not aligned with statutes | Remand to obtain itemized SLH services and assess reasonableness |
Key Cases Cited
- In re Estate Mabie, 401 N.W.2d 29 (Iowa 1987) (burden to itemize extraordinary services; 7.2(3) does not permit vague billing)
- In re Estate Brady, 308 N.W.2d 68 (Iowa 1981) (extraordinary services; defense of final report; discretion to award)
- In re Wulf, 526 N.W.2d 154 (Iowa 1994) (costs of administration; equity; de novo review for fees)
- In Carmody's Estate, 163 Iowa 463 (1914) (extravagant commissions; protection of estate; necessity standard)
- In Metcalf's Estate, 227 Iowa 985 (1940) (itemization requirement; determining reasonableness of extraordinary services)