Equitable Title Never Became Legal Title

|
Erin Herbold

The family feud, in this case, began in 2007 when a sister (the executor of her brother’s estate) filed a petition seeking a judgment that she and her brother’s estate had title to an 80-acre tract of farmland.  Before the dispute, the parcel had been conditionally deeded to the brother by his parents, if he fulfilled the conditions of a five-year contract with his parents. The contract required that the brother refrain from drinking alcohol, care for the property and make the payments on the existing mortgage. The son never met these conditions. The trial court found that when the son entered into the contract with his parents, he became an “equitable title holder” of the property and the parents remained the “legal title holders.” Since the son did not comply with the terms of the contract, he remained an equitable title holder of the farm upon his death.  The parents remained as legal title holders. The sister appealed and the Iowa Court of Appeals agreed that the trial court correctly decided the case. The appellate court found the sister’s evidence was not as credible as the parents’ evidence that their son simply did not live up to his end of the bargain.  Fritz v. Fritz, No. 1-064/10-1399 (Iowa Ct. App. Mar. 30, 2011).

The Center for Agricultural Law and Taxation does not provide legal advice. Any information provided on this website is not intended to be a substitute for legal services from a competent professional. The Center's work is supported by fee-based seminars and generous private gifts. Any opinions, findings, conclusions or recommendations expressed in the material contained on this website do not necessarily reflect the views of Iowa State University.