In re Estate of Anton
Iowa Supreme Court
731 N.W.2d 19 (2007)
Hestor Mary Lewis Anton (Mary) drafted a will leaving a half interest in her duplex and the property on which it was situated (the Duplex) to her stepdaughter, Gretchen Coy (plaintiff), and the other half interest to her son, Robert Lewis (defendant), who, along with his sister, Nancy Ezarski (defendant), stood to inherit the rest of their mother’s estate. Due to injuries sustained in a serious car accident that occurred after she executed her will, Mary had to enter a nursing home and around the same time she executed a durable power of attorney giving her daughter Nancy full control over her finances. Mary eventually moved into Green Hills Health Center (Green Hills) where she had a private suite and wanted to be able to remain. When Nancy tried to discuss with Mary the need to sell assets to allow her to remain at Green Hills, the staff told her to refrain from discussing financial affairs with her mother because it exacerbated her medical condition. For this reason, Nancy began selling assets and Mary was only generally aware that her assets were being sold so that she could remain at Green Hills. When Mary’s income from her husband’s trust and the Duplex was insufficient to meet her expenses, and the Duplex was the only remaining asset that could be sold, Nancy listed the Duplex for sale without telling Mary. Gretchen’s son asked her to take it off the market, which she did, but after consulting an attorney and unsuccessfully attempting to access the principal in the trust, Nancy sold the Duplex without telling Mary, believing it was the only option in order to pay her mother’s expenses. After Mary died, Gretchen sought to recover the proceeds of the sale of the Duplex. Of the $133,263 in proceeds from sale of the Duplex, $104,317.38 remained at the time of Mary’s death and testimony offered at trial was unclear as to Mary’s state of mind, but indicated possible advanced dementia. The case was ultimately appealed to the Iowa Supreme Court.
Rule of Law
Holding and Reasoning (Appel, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 168,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.