S-16-0219 In re Guardianship/Conservatorship of Loyola Jane Kaiser
Fillmore County Court, Judge Michael P. Burns
Attorneys: Joseph H. Murray (Germer Murray & Johnson) (Appellant, Heartland Trust Co., Conservator) --- Joseph N. Bixby (for Appellees Paula J. Asmus and Carol Harris)
Civil: Authority to file elective share on behalf of the ward
Proceedings below: Appellant, as conservator, sought authority to file the elective share as surviving spouse of her husband, Albert A. Kaiser. Additionally, authorization was requested to claim homestead, exempt property and family allowances on behalf of the protected person. The court denied the application.
Issues: The decision of the trial court does not conform to the law, is not supported by the evidence, and is arbitrary, capricious and unreasonable.