Ademption from Sale of Real Property

Testator’s will devised rental property one-half to her children and one-half to her stepdaughter.  Testator made her daughter her attorney-in-fact under a durable power of attorney. Testator was resident in a nursing home and daughter sold testator’s assets as necessary to pay testator’s expenses not covered by income from a trust created by testator’s late husband.  After other assets were exhausted and the trustee refused to invade principal until all of testator’s assets were sold, daughter sold the property.  By then testator was incompetent. After testator’s death, stepdaughter submitted a claim for one-half the sale price of the rental property.  The court held that the bequest had adeemed, the attorney-in-fact having properly sold the property in accordance with the testator’s plan and intention.  Estate of Anton v. Ezarski, 2006 WL 2706158 ( Iowa App.).