Todd R. Rand v. Security National Corporation, d/b/a Security National Bank

Sioux City, Iowa civil litigation lawyer represented Plaintiff, who sued Defendant probate law theory.



Todd R. Rand filed a separate suit outside probate against the personal representative

of the estate for claims arising out of and related to the personal representative's

fees for administering the estate.



The probate court held three days of hearings on Security National's fee

application. In a lengthy and well-reasoned decision, the probate court exercised

its discretion and reduced the fees to both Crary Huff and Security National

below the requested amounts. See Iowa Code § 633.197 (stating a personal

representative is "allowed such reasonable fees as may be determined by the

court for services rendered” (emphasis added)); In re Est. of Randeris v. Randeris,

523 N.W.2d 600, 607 (Iowa Ct. App. 1994) (reviewing probate court's fee award

for an abuse of discretion). The probate court found "there was a significant and

unusual amount of work to be performed” by Security National in administering

Roger's estate but held the claimed amount of time expended was nonetheless

"inflated or include[d] a large amount of unnecessary work.” The probate court

approved fees for ordinary services in the amount of $160,000.00 to Security

National (compared to its $394,782 request). The probate court approved fees for

ordinary services in the amount of $205,000 to Crary Huff (compared to its

$394,782 request). For extraordinary services, the probate court awarded Crary

Huff $110,568.23 in fees and costs (compared to its request for $137,791.98). In

total, the probate court reduced the fees to Security National and Crary Huff

nearly in half, from $927,355.98 to approximately $427,000. No party appealed

the order approving fees. The probate court later issued an award of additional

extraordinary fees to both Security National and Crary Huff, The probate court held three days of hearings on Security National's fee

application. In a lengthy and well-reasoned decision, the probate court exercised

its discretion and reduced the fees to both Crary Huff and Security National

below the requested amounts. See Iowa Code § 633.197 (stating a personal

representative is "allowed such reasonable fees as may be determined by the

court for services rendered” (emphasis added)); In re Est. of Randeris v. Randeris,

523 N.W.2d 600, 607 (Iowa Ct. App. 1994) (reviewing probate court's fee award

for an abuse of discretion). The probate court found "there was a significant and

unusual amount of work to be performed” by Security National in administering

Roger's estate but held the claimed amount of time expended was nonetheless

"inflated or include[d] a large amount of unnecessary work.” The probate court

approved fees for ordinary services in the amount of $160,000.00 to Security

National (compared to its $394,782 request). The probate court approved fees for

ordinary services in the amount of $205,000 to Crary Huff (compared to its

$394,782 request). For extraordinary services, the probate court awarded Crary

Huff $110,568.23 in fees and costs (compared to its request for $137,791.98). In

total, the probate court reduced the fees to Security National and Crary Huff

nearly in half, from $927,355.98 to approximately $427,000. No party appealed

the order approving fees. The probate court later issued an award of additional

extraordinary fees to both Security National and Crary Huff, to which Todd did

not object.

We hold that Todd’s claims against the personal representative of his

father’s estate arising out of and in the course of the administration of the estate

should have been brought before the probate court in the estate proceeding and

cannot now be pursued. The district court properly granted Security National’s

motion for summary judgment on all claims.