In re Estate of Anton
Iowa Supreme Court
731 N.W.2d 19 (2007)
Hestor Mary Lewis Anton's (Mary) will left half of a duplex to her stepdaughter Gretchen Coy (plaintiff) and half to her other heirs; after a car accident, Mary entered a nursing home and gave her daughter Nancy a durable power of attorney over her finances, later moving into a facility whose staff told Nancy not to discuss finances with Mary due to her medical condition. When Mary's income became insufficient and the duplex was the only remaining sellable asset, Nancy sold it without telling Mary (after briefly listing and then withdrawing it at Gretchen's son's request, then selling anyway after consulting an attorney), believing it necessary to cover Mary's expenses; testimony suggested Mary may have had advanced dementia and was only generally aware assets were being sold to keep her in her facility. After Mary's death, Gretchen sought the sale proceeds ($104,317.38 of the $133,263 total remained), and the case reached the Iowa Supreme Court.
Whether a specific devise of property is adeemed (cancelled) when the property is sold before the testator's death by an attorney-in-fact acting under a power of attorney, without the testator's knowledge or assent, leaving identifiable proceeds in the estate.