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IN RE ESTATE OF MYERS

No. 11-1378.

825 N.W.2d 1 (2012)

In the Matter of the ESTATE OF Karen J. MYERS, Deceased. Rex A. Picken, Appellant.

Supreme Court of Iowa.

November 2, 2012.

Attorney(s) appearing for the Case

James L. Kramer of Johnson, Kramer, Good, Mulholland, Cochrane & Driscoll, P.L.C., Fort Dodge, for appellant.

William D. Kurth of Kurth Law Office, Lake City, for appellees.

WATERMAN, Justice.

This appeal presents a question of first impression: whether a surviving spouse's elective share, as defined in Iowa Code section 633.238 (Supp.2009), includes pay-on-death (POD) assets.1 The probate court ruled that three of Karen Myers's assets, a checking account, certificate of deposit, and an annuity, all payable on her death to her daughters, should be included in the elective share of her surviving spouse, Howard...

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