739 N.W.2d 493 (Iowa 2007)
Roy and Emogene Johnson purchased a home in Van Meter, Iowa, in 1963.1 They were married and took title to the home as joint tenants with the right of survivorship.2 They continued to live in their Van Meter home for over thirty-five years, where they raised a family and established the property as their homestead.3 In the fall of 1998 Emogene suffered a severe stroke.4 The prognosis for her recovery was bleak, and she required intensive medical attention.5 Roy and the children felt Emogene would not live long, and they assumed Roy would survive her.6 Because of these circumstances, the family decided Emogene should transfer title in her automobile to Roy, as well as her interest in the homestead.7
On November 24, 1998, Emogene purportedly executed a power of attorney in her hospital room.8 This document designated her daughters, Janice Johnson and Beverly Johnson Algoe, as attorneys-in-fact.9 The power of attorney authorized Janice and Beverly to sell Emogene’s property, but not her homestead.10 On December 21, 1998, Janice and Beverly transferred the title for Emogene’s car to Roy.11 On that same day a quitclaim deed was drafted to convey Emogene and Roy’s interest in their homestead solely to Roy.12 Roy signed the deed on December 21, and his signature was notarized.13 On January 4, 1999, Emogene purportedly executed another power of attorney.14 This power of attorney specified the legal description of the homestead and authorized Janice to convey or encumber Emogene’s interest in the homestead.15 Then on January 6, 1999, Janice signed the quitclaim deed on behalf of Emogene, as indicated by the notary’s seal.16 The deed was recorded the same day.17
Roy suddenly passed away on December 17, 1999, survived by his ailing wife Emogene and the three children, Janice, Beverly, and William.18 Roy left a will that gave all of his property to his three children in equal shares, although he did not specifically disinherit Emogene.19 Janice was named executor of Roy’s estate in his will, but Beverly took her place after Janice’s death in June of 2004.20 Beverly filed the final report in Roy’s estate in June of 2005.21 Emogene remained the surviving spouse and elected to take against the will.22 She also objected to the final report filed by Beverly.23 Emogene claimed the transfers of her car and her interest in the homestead were illegal because she was incompetent when the powers of attorney were executed.24
The district court found Emogene was clearly incompetent at the time she signed the powers of attorney, which invalidated the transfer of her interest in the property to Roy under the deed.25 Emogene appealed the district court ruling concerning the title to the homestead.26 Emogene died in March of 2007, during the pendency of this appeal.27 As a result, Emogene’s son and executor of her estate, William Johnson, is the named appellant.28
Whether the joint tenancy in the parties’ homestead was severed under the circumstances of this case?29
Iowa determines the existence of joint tenancies under an intent-based approach that requires intent to be derived from a legally effective instrument rather than from intent alone, and a void deed cannot sever a joint tenancy.30
No. Roy executed a quitclaim deed attempting to convey the homestead solely to himself, but Emogene’s incompetence rendered the powers of attorney invalid and the deed void as to her interest.31 The homestead statute further required Emogene’s competent joinder for any conveyance, making Roy’s self-conveyance void as well.32 Roy’s intent was to obtain sole title rather than to create a tenancy in common, and an intent-based test cannot achieve a result the parties never intended when the underlying instrument is void.33
The joint tenancy in the parties’ homestead was not severed under the circumstances of this case.34