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Case No. 17-2010

In the Matter of the Estate of Jean Peak Hadsall, Deceased.

John D. Hadsall, Appellant

Attorney for Appellant

Anthony Zane Blessum and Susan R. Stockdale

Attorney for Appellee

Nicholas A. Carda and Ryan Ellis

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 06, 2019

            Appeal from the Iowa District Court for Warren County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by Doyle, P.J.  (11 pages)

            John Hadsall appeals the probate court’s judgment ordering him to return $383,595.63 to his mother Jean’s estate.  OPINION HOLDS: Because John was in a confidential relationship with Jean, and because he failed to show that his transfers of substantial amounts of Jean’s assets from her accounts to his were made in good faith or at the direction of or with the assent of Jean, we agree with the probate court that John must return the “gifted” assets to Jean’s estate.  Additionally, the amount calculated by the probate court to be returned was within the permissible range of evidence, and we find no reason to disturb the calculation.  We therefore affirm the probate court’s ruling in all respects.

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