IN THE MATTER OF THE TRUST OF FLOYD F. KALLMER, L.K., Appellant/Cross-Appellee,
JAMES KALLMER and WILLIAM KALLMER, Appellees/Cross-Appellants.
from the Iowa District Court for Buena Vista County, David A.
appeals the district court's refusal to appoint a
co-guardian ad litem and its determination he is not a
beneficiary of a trust. James and William Kallmer
cross-appeal an order requiring the trust to pay L.K.'s
attorney fees for this appeal.
F. Morgan (until withdrawal) and Tisha M. Halverson of Klay,
Veldhuizen, Bindner, De Jong & Halverson, P.L.C.,
Paullina, guardians ad litem for appellant.
Michael R. Bovee of Montgomery, Barry, Bovee, Steffen &
Davis, LLP, Spencer, for appellees.
by May, P.J., Scott, S.J. [*] and Gamble, S.J. *
the beneficiaries of Floyd Kallmer's testamentary trust?
Floyd's living sons, James and William Kallmer, claim
they are the only beneficiaries. L.K. disagrees. He claims he
was equitably adopted by Floyd's deceased son, Robert.
Therefore, he claims, he is a third beneficiary of
district court agreed with James and William. The court
granted summary judgment in their favor. L.K. appeals through
his guardian ad litem (GAL). He contests both the
summary-judgment ruling and a prior order declining to
appoint a co-GAL in Thailand.
and William cross-appeal. They contest a
post-summary-judgment ruling requiring Floyd's trust to
pay the GAL's appellate attorney fees.
conclude (1) the district court did not abuse its discretion
in refusing to appoint a co-GAL; (2) the district court was
correct in granting summary judgment and declaring James and
William are "the only beneficiaries" of Floyd's
trust; and (3) the district court erred in assessing costs of
this appeal prior to the appeal.
Background Facts and Proceedings
Kallmer is father to three sons-Robert, William, and James.
In 1997, Floyd executed a will. It provided for the creation
of a testamentary trust. The trust's net income would be
distributed to Floyd's wife for life. Upon her death, the
trust would terminate. The "property remaining"
would then be "distribute[d] to [Floyd's] children,
share and share alike, provided that if any of [Floyd's]
children should not be living, such child's share shall
go to his children, share and share alike." Floyd died
spent his winters in Thailand. There he met a woman named
Thongmaoun, also known as Fa. At the time they met, Fa was
married to another man. That marriage was dissolved in
October 2005, Fa gave birth to L.K. L.K.'s birth
certificate and a consular report of birth abroad both list
Robert as his father. Fa and Robert married in December 2006.
had doubts about whether L.K. was his biological child. Even
so, Robert loved L.K. and treated him as his son.
2009, Robert amended his own personal trust. The amendment
named L.K. as Robert's son and a beneficiary of
died in 2010. In 2012, Floyd's trustees applied for the
appointment of a GAL "to represent the potential
interests" of L.K., "the possible son" of
Robert. The application also asked the court to
"[d]irect that the Trust shall pay" the GAL's
fees. The ...