On August 20, 2021, Wandro & Associates achieved victory in a lawsuit tried in the Iowa District Court for Polk County, entitled Estate of Thomas J. Kruse v. Troy Thacker and Bail Bond Pros, Inc.
The salient facts are as follows: in the fall of 2018, Thomas Kruse made a wire transfer to Thacker's/Bail Bond Pro's bank account in the amount of $100,000. Several weeks after the wire transfer was made, Thomas Kruse unexpectedly passed away. His estate wanted the return of the $100,000 and brought a lawsuit against Troy Thacker and Bail Bond Pros.
W&A attorney Alison Kanne tried the case in April of 2021, representing Thacker and Bail Bond Pros. Attorneys for the estate argued that the $100,000 was a business investment that required Thacker/Bail Bond Pros to return it to the estate. Attorney Alison Kanne argued that the wire transfer was a gift with no expectation of return and that there was no evidence of any business agreement or investment.
In an opinion filed on August 20, 2021, the court agreed with Thacker/Bail Bond Pros and determined that the evidence showed the wire transfer was more likely than not a gift with no expectation of return. You can read the court's opinion here:
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This Wandro & Associates Update is intended to inform firm clients and friends about legal developments, including recent decisions of various courts and administrative bodies. Nothing in this Practice Update should be construed as legal advice or a legal opinion, and readers should not act upon the information contained in this Update without seeking the advice of legal counsel.