Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Thursday, June 28, 2007

The Agent-Ademption Interface

The testator’s agent sold specifically devised real property to pay for the principal’s care and support.  Although the sale was a proper use of the agent’s authority, the court in In re Estate of Anton, 731 N.W.2d 19 (Iowa 2007), held that the devisee of the real property was entitled to the proceeds remaining at the principal’s death.  The court concluded that sale of specifically devised property by an agent should be treated like a sale by a guardian, unless the principal is competent and has approved the sale.


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