The title opinion showed that the trust owned a one-half interest. Believing he was the sole owner of the property, Dan listed the lake property for sale and accepted an offer for $80,000. The affidavit was recorded, but the title was apparently not changed. Shortly after Helen’s death, Dan filed an affidavit of surviving joint tenant for change of title to the lake property with the local recorder’s office. Helen’s estate planning documents did not name Dan as a beneficiary. The deed stated that it was “given for estate planning purposes.” Helen passed away in 2019 at the age of ninety-eight. Helen’s nephew, acting as her agent, executed a warranty deed conveying “all of undivided interest in and to” the lake property to the trust. She also established a revocable trust into which she would convey all of her real and personal property. First, she executed a power of attorney naming her nephew, who lived in Oregon, as her agent. The next month, Helen executed several legal documents. Dan and Hellen both paid to insure the property, but Helen paid the property taxes, HOA dues, water and sewer herself.
Dan testified Helen did this because she “wanted to do something for ” after she passed away, but did not want to change her will.
#Conveyance of real property interest owned later full
In the warranty deed, Helen listed her and Dan as joint tenants with full rights of survivorship. In 2014, Helen purchased a lake property for $85,000. Because Helen could not drive, Dan also helped her with errands and took her to doctor’s appointments.
As the two became friends, Dan stopped charging her for his work. She became friends with handyman and tenant, Dan Sickels. Helen Schardein owned an insurance, real estate, and abstracting company, as well as several rental units. On March 2, 2022, the Iowa Court of Appeals affirmed a district court decision finding that the transfer of a joint tenant’s interest in real property into a trust severed the joint tenancy.
0 kommentar(er)
