MATTER OF ESTATE OF NAGEL

No. 96-2022.

580 N.W.2d 810 (1998)

In the Matter of the ESTATE OF Barbara NAGEL, Deceased. Stephen J. PHILLIPS, Executor of the Estate of Barbara Nagel, Deceased, Appellee, v. Cal ROE, as Successor Trustee of the Malcom C. Roe Living Revocable Trust; and Cal Roe, as Successor Trustee of the Lenore J. Roe Living Revocable Trust, Appellant.

Supreme Court of Iowa.

July 1, 1998.


Attorney(s) appearing for the Case

R. Patrick Eich and Ronald F. Eich of the Eich Law Firm, P.C., Carroll, for appellant.

Thomas J. Levis and Stephanie L. Brick Drey of Brick, Gentry, Bowers, Swartz, Stoltze, Schuling & Levis, P.C., Des Moines, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LAVORATO, SNELL, and ANDREASEN, JJ.


HARRIS, Justice.

A husband and wife placed their property in living revocable trusts. The settlors were killed simultaneously in an accident that precipitated a tort action brought by the estate of a third person, also killed in the accident. The question is whether trusts' assets can be reached by the tort plaintiff even though the settlors' deaths rendered the trusts irrevocable. The trial court determined the assets could be reached and we agree.

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