Matter of Estate of Keegan

McCORMICK, Justice.

The question here concerns the timeliness of a surviving spouse’s election to occupy a homestead for life. Decedent Harold J. Keegan died testate, survived by his wife Marion and four children from a previous marriage. The will was made before Harold and Marion were married and did not mention Marion. The main asset of the estate was the parties’ homestead, a modest home in Waterloo. Successor executor Earl R. Fosselman sought to oust Marion from the homestead five years after Há-rold’s death on the ground she did not file a timely election for life occupancy. The trial…