Legal Opinion

Velma J. Hussemann, by Her Next Friend and Attorney-In-Fact Marcella D. Ritter v. Herbert J. Hussemann Jr. And Robert J. Hussemann, as Trustees of the Herbert J. Hussemann Inter Vivos Trust Agreement, Dated June 3, 1991

Supreme Court of Iowa

Decided May 23, 2014No. 13–1082PublishedCited by 8 opinions

1Opinion of the Court

MANSFIELD, Justice.

This conflict-of-laws case requires us to determine whose state law governs the enforceability of mutual clauses in a post-nuptial agreement that waived each spouse’s elective share. Two Florida residents were married in Florida in 1991. A few months later, they signed a postnuptial agreement in Florida. The agreement expressly provided that Florida law would apply. The married couple subsequently moved to Iowa in 2005. In 2012, one of the spouses died, and the other spouse sought to claim an elective share under Iowa law, notwithstanding the waiver of the share in the…

2Cases cited17 opinions

  1. Elgar v. ElgarSupreme Court of Connecticut · 1996
  2. Cole v. State Automobile & Casualty UnderwritersSupreme Court of Iowa · 1980
  3. Joseph L. Wilmotte & Co. v. Rosenman Bros.Supreme Court of Iowa · 1977
  4. In Re the Marriage of ShanksSupreme Court of Iowa · 2008
  5. Cameron v. HardistySupreme Court of Iowa · 1987

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3Cited by8 opinions

  1. Mark Griffioen, Joyce Ludvicek, Mike Ludvicek, Sandra Skelton, and Brian Vanous, Individually and on Behalf of All Others Similarly Situated v. Cedar Rapids and Iowa City Railway Company, Alliant Energy Corporation, Union Pacific Railroad Company, and Union Pacific Corporation.Supreme Court of Iowa · 2018
  2. Bluescope Buildings North America, Inc. v. Cincinnati Insurance CompanyCourt of Appeals of Iowa · 2017
  3. Elizabeth Roberts v. Eric Roberts, as trustee of the W. David Roberts Revocable Trust, Dave Roberts Growth & Ventures, Inc., and Eric Roberts as personal representative of the Estate of William David RobertsSupreme Court of Iowa · 2024
  4. Elizabeth Roberts v. Eric Roberts, as trustee of the W. David Roberts Revocable Trust, Dave Roberts Growth & Ventures, Inc., and Eric Roberts as personal representative of the Estate of William David RobertsSupreme Court of Iowa · 2024
  5. In the Matter of the Estate of James Edwin IbelingSupreme Court of Iowa · 2026

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