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Iowa Concern

 

My husband died and he left our house, car and everything else to his family and nothing to me, is there any way to get some or all of our things back?

Yes.  Iowa law allows for a wife (not an ex-wife) to elect against her husband’s will.  Electing against a will entitles a surviving spouse to claim 1/3 of the value of all real property owned at anytime during the marriage provided that the surviving spouse did not sign off on those sales at the time they were made. All exempt personal property i.e. Clothing, $2,000 worth of household goods. Life insurance policies, pension benefits, 1 car, farming tools, a right to live in the couple home for the rest of the surviving spouse’s life, and 1/3 of all other personal property.


Reference: Iowa Code §633

Author: Iowa Concern Attorney

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Date last updated: 07/05/2002
Technical issues contact: jvohsman@iastate.edu


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