Monday, November 11, 2013

In re Estate of Anton case brief

In re Estate of Anton case brief summary
731 N.W.2d 19 (2007)

Appellant stepdaughter sought review of an order from the Iowa Court of Appeals, which upheld a judgment denying her claim against her stepmother's estate and awarded judgment to appellee daughter, as executor of the estate.


The stepdaughter deeded a piece of property to her stepmother and father. The father and stepmother built a duplex on the property. After the father's death, the stepmother became the sole owner of the duplex. In the stepmother's will, she bequeathed half of her interest in the duplex to the stepdaughter. The stepmother later executed a durable power of attorney authorizing her daughter to manage her financial affairs. The daughter sold the duplex to pay for the stepmother's nursing home expenses. The net proceeds of the sale were $ 133,263. At the time of the stepmother's death, the remaining balance was $ 104,317. The stepdaughter filed a claim with the estate, asserting that she was entitled to $ 72,625 because of the bequest. The daughter, acting as executor of the estate, denied the claim. The trial court denied the claim. The court of appeals upheld the decision.


  • On review, the court held that the sale of the duplex did not result in ademption of the bequest. 
  • The stepmother did not know that the duplex was going to be sold; she had only a general knowledge that assets might need to be sold for her support at some time in the future. 
  • The stepdaughter was entitled to $ 52,158.

The court vacated the decision of the court of appeals. The court reversed the judgment of the trial court. The court remanded the matter to the trial court for further proceedings.

Suggested Study Aids For Wills, Trusts & Estate Law

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