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IN THE COURT OF APPEALS OF IOWA No. 9-939 / 09-0665 Filed December 30, 2009 IN RE THE ESTATE OF MARGARET A. DENZLER, Deceased, JEFFREY A. DENZLER, Intervenor-Appellant, vs. MARILYN KOCH and STEPHEN DENZLER, Intervenors-Appellees. ________________________________________________________________

Appeal from the Iowa District Court for Iowa County, Patrick R. Grady, Judge.

Jeffrey Denzler challenges his disqualification as the nominated executor of the estate of Margaret A. Denzler. AFFIRMED.

Donald Diehl, Coralville, for appellant. James Claypool, Williamsburg, for appellee.

Considered by Vogel, P.J., and Doyle and Mansfield, JJ.

2 VOGEL, P.J. Jeffrey Denzler challenges his disqualification as the nominated executor of the estate of Margaret A. Denzler.1 He asserts his poor relationship with his two siblings does not support disqualification. In questions involving the removal of an executor, we review the entire record under an abuse of discretion standard. In re Estate of Randeris, 523 N.W.2d 600, 604 (Iowa Ct. App. 1994). Margaret Denzler passed away February 7, 2009. She and her husband Roy, who died in June 2008, had three children, Jeffrey Denzler, Marilyn Koch, and Stephen Denzler. Margaret's last will and testament nominated Jeffrey to be the executor, should Roy predecease her.2 The will directed Margaret's estate be distributed equally to the three children. Upon Margaret's death, Jeffrey filed a petition for probate of will, seeking his appointment as executor. Marilyn and Stephen immediately filed an objection to this appointment. This objection came after years of friction between Jeffrey and his siblings. Prior to Roy's death, Marilyn moved into her parents' home in order to care for them. In March 2008, both Roy and Margaret were moved to a nursing home. Stephen and Marilyn complained that Jeffrey did not sufficiently

communicate with them regarding their parents' care and financial affairs. They alleged Jeffrey's depression had caused him to turn his parents' financial affairs over to his wife, Carole. Tension escalated to the point that Jeffrey did not attend his mother's funeral, due to Marilyn and Stephen's presence.

1

Jeffrey raised several other issues to challenge the court's order, but all are subsumed in the appropriateness of the district court's discretionary call. 2 Jeffrey was also Margaret's attorney-in-fact, prior to her death.

3 The district court found that while Jeffrey was capable of carrying out the duties as executor, his inability to communicate with his siblings would cause the estate to be run inefficiently, and lead to further litigation and expense. Therefore, the court disqualified Jeffrey as executor and ordered an independent fiduciary be executor. Jeffrey appeals. Jeffrey asserts the court abused its discretion in disqualifying him as executor. "Any natural person of full age, who is a resident of this state, is qualified to serve as a fiduciary, except . . . a person whom the court determines to be unsuitable." Iowa Code

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