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In re Estate of Johnson: Difference between revisions
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|date=September 28, 2007 | |date=September 28, 2007 | ||
|subject=Property | |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] | |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 | *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 | *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 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 daughter signed a quitclaim deed on behalf of her mother conveying her interest to the husband | ||
* The husband died unexpectedly | *The husband died unexpectedly | ||
* The couple's 3 children inherited all the property interest | *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] | |||
* | |||
|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. | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/in-re-estate-of-johnson | |link=https://www.quimbee.com/cases/in-re-estate-of-johnson | ||
Revision as of 17:46, March 12, 2024
| In re Estate of Johnson | |
| Court | Iowa Supreme Court |
|---|---|
| Citation | 739 N.W.2d 493 |
| Date decided | September 28, 2007 |
Facts
- A married couple ("Johnson") bought a home under 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 tenants in common
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.
Resources
