Full question:
My husband died and had left a will. I’m not satisfied with my share in his will. Does a surviving spouse have a right to an elective share in Iowa?.
- Category: Wills and Estates
- Subcategory: Elective Share of Estate
- Date:
- State: Iowa
Answer:
Yes. In Iowa, when a married person dies, the surviving spouse can claim an elective share of the deceased spouse’s property. This right is outlined in Iowa Code § 633.238.
The elective share includes:
- One-third of the value of all legal or equitable estates in real property owned by the deceased during the marriage, unless the surviving spouse has signed a written waiver.
- All personal property that was in the deceased's possession as the head of a family, which is exempt from execution.
- One-third of all personal property of the deceased that is not needed to pay debts and charges.
- One-third of the value of certain trust property, provided specific conditions are met regarding the trust and any waivers.
It's important to note that the elective share replaces any property the spouse would receive under the will, through intestacy, or from a revocable trust.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.