Conservatorship of Janice Geerdes by Laura Jenkins,
v.
Albert Gomez Cruz
Albert Cruz seeks further review of the court of appeals’ decision affirming the district court’s invalidation of a quitclaim deed based on its finding the grantor, Janice Geerdes, lacked sufficient mental capacity and was subject to indue influence by Mr. Cruz.
Resister
Conservatorship of Janice Geerdes by Laura Jenkins,
Applicant
Albert Gomez Cruz
Attorney for the Resister
Kevin R. Sander
Attorney for the Applicant
Shaun A. Thompson
Supreme Court
Oral Argument Schedule
15-15-5
Apr 11, 2024 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Kossuth County, Don E. Courtney, Judge. AFFIRMED. Heard by Bower, C.J., and Buller and Langholz, JJ. Opinion by Langholz, J. Dissent by Buller, J. (21 pages)
Albert Cruz appeals the invalidation of a quitclaim deed from Janice Geerdes because of undue influence and lack of mental capacity to execute the deed. OPINION HOLDS: Considering the heightened mental capacity required for an inter vivos transfer and the record as a whole—especially Geerdes’s mental state in the months before and after signing the deed—we agree the conservator carried her burden to prove Geerdes lacked the mental capacity to execute the deed. DISSENT ASSERTS: Based on my review of the record and precedent, I cannot join the majority in finding the district court’s mental-capacity analysis is supported by clear and convincing evidence such that we can invalidate Geerdes’s property rights. I would instead reverse the district court.