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SIEH v. SIEH

No. 04-1219.

713 N.W.2d 194 (2006)

Mary Jane SIEH, Executor of the Estate of Edward A. Sieh, Appellant, v. Rodger Alan SIEH and Carene Ellen Larsen, Trustees under the Edward A. Sieh Trust Agreement Dated May 19, 1992; Rodger Alan Sieh, Individually; and Carene Ellen Larsen, Individually, Appellees.

Supreme Court of Iowa.

Rehearing Denied April 19, 2006.

Attorney(s) appearing for the Case

Paul C. Peglow of Johnson, Sudenga, Latham, Peglow & O'Hare, P.L.C., Marshalltown, for appellant.

Mark E. Kirk and Jen Bries of Ball, Kirk & Holm, P.C., Waterloo, for appellees.

CARTER, Justice.

Mary Jane Sieh, surviving spouse of Edward A. Sieh, deceased, who has elected against his will, appeals from an order in probate refusing to include the assets of a revocable inter vivos trust created by Edward during his lifetime as property subject to Mary Jane's statutory share under Iowa Code section 633.238 (2003). The appellees are Rodger Alan Sieh and Carene Ellen Larsen, Edward's son and daughter, who are the beneficiaries of the inter vivos...

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