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Keywords

motionmotion to dismiss
contractappealhearingmotionsummary judgmentmotion to dismissmotion for summary judgment

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Beirnes v. Vecellio, 913 N.W.2d 274 (Table), 2018 WL 739327

Facts

On September 18, 2014, Claudia Vecellio rear-ended a motorcycle driven by Henry Beirnes. Although neither driver was injured, Beirnes later sought medical treatment related to the incident. Vecellio died on July 28, 2015, and her estate published a notice to creditors in August 2015, which was not mailed to Beirnes. Beirnes filed a claim against the estate in June 2016, more than four months after the notice was published, leading to the estate's motion to dismiss his claim as untimely.

In June 2016, Beirnes filed a $250,000 claim against the estate. New counsel for Beirnes then filed a request for hearing and jury demand. The estate moved to dismiss the claim as untimely under section 633.410(1) because Beirnes filed his claim more than four months after the second publication of notice to creditors.

Issue

Was Henry Beirnes a reasonably ascertainable creditor entitled to service of notice to creditors by mail under Iowa Code section 633.410?

So, the only question before us on appeal, then, is whether Beirnes was a reasonably ascertainable creditor entitled to service of the notice to creditors by mail.

Rule

Under Iowa Code section 633.410(1), claims against a decedent's estate must be filed within four months after the second publication of notice to creditors, unless the claimant's identity is reasonably ascertainable, in which case they must be served notice by mail.

Iowa Code § 633.410(1) provides: All claims against a decedent's estate, other than charges, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract or otherwise, are forever barred against the estate, the personal representative, and the distributees of the estate, unless filed with the clerk within the latter to occur of four months after the date of the second publication of the notice to creditors or, as to each claimant whose identity is reasonably ascertainable, one month after service of notice by ordinary mail to the claimant's last known address.

Analysis

The court analyzed whether Beirnes was a reasonably ascertainable creditor. It noted that while the estate was aware of the collision, this alone did not establish Beirnes as a known creditor. The court emphasized that Beirnes's lack of communication with the insurance company and the minor nature of the accident contributed to the conclusion that he was not a reasonably ascertainable creditor entitled to notice by mail.

The district court determined that the facts of this case did not reveal Beirnes to be a reasonably ascertainable creditor. In particular, the court noted: In the current action, [Beirnes] points out that [decedent's daughter/co-executor] was aware of the collision and the Executors could have easily obtained a police report where [Beirnes]’s name and address were recorded. Therefore, it is contended, Claimant was a reasonably ascertainable creditor. Having considered the factual circumstances as whole, the court disagrees.

Conclusion

The court affirmed the district court's dismissal of Beirnes's claim as untimely, concluding that he was not a reasonably ascertainable creditor entitled to notice.

On the record before us, we find no error. To be sure, a potential existed for Beirnes to make a personal injury claim. But under the facts presented, that mere potential did not raise Beirnes to the status of a 'reasonably ascertainable' creditor entitled to service of notice by mail.

Who won?

The Estate of Claudia Vecellio prevailed because the court found that Beirnes's claim was untimely filed under Iowa law.

The estate requested its motion to dismiss be treated as a motion for summary judgment. Beirnes did not object. Consequently, the district court treated the estate's motion to dismiss as a motion for summary judgment.

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