Editing In re Estate of Johnson

{{Infobox Case Brief
|court=Iowa Supreme Court
|citation=739 N.W.2d 493
|date=September 28, 2007
|subject=Property
|facts=*A married couple ("Johnson") bought a home under [https://www.quimbee.com/keyterms/joint-tenancy-with-right-of-survivorship Joint Tenancy with Right of Survivorship]
*The couple lived there for 35 years while raising 3 children.
*After the wife had a stroke; subsequently, discussion arose to convey the wife's interest to her husband
*the wife (mother) executed a power of attorney for her daughter
*the daughter signed a quitclaim deed on behalf of her mother conveying her interest to the husband
*The husband died unexpectedly
*The couple's 3 children inherited all the property interest
*
|procedural_history=*The recovered mother sued her children in court demanding her forced spousal share of her husband's estate in spite of the deceased husband's will giving everything to the children.
*The trial court ruled that the mother's statutory homestead rights didn't prevent her husband from destroying the joint tenancy.
*The trial court ruled that title to the homestead was split between the mother & her husband's estate as [https://www.quimbee.com/keyterms/tenancy-in-common tenants in common]
*<u>The mother died in the course of her appeal</u>. Her son continued the appeal as the executor of her estate
*
|issues=Can an invalid instrument, such as a void deed, establish intent to create, sever, or terminate a joint tenancy under the intent-based approach?


In other words, can a void deed sever a '''joint tenancy'''?
|arguments=The mother argued that her incompetence following the stroke invalidated the execution of the power of attorney. Thus, the transfer of her land interest to her husband was invalid, too.
|holding=No; under the intent-based approach, intent to create, sever, or terminate a joint tenancy must be derived from a valid deed or similar instrument.
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