Nielsen v. Nielsen

ANDREASEN, Justice.

In this appeal we determine whether a prior spouse of a decedent may assert a claim for unpaid spousal support (alimony) against the decedent’s exempt personal property set aside for the surviving spouse pursuant to Iowa Code section 633.212(2) (1987). We hold the claim may be asserted and reverse the district court’s ruling.

Richard A. Nielsen died intestate on March 14, 1987. At that time, his prior spouse, Erma Jean Nielsen, had a claim for unpaid alimony. Richard’s surviving spouse, Patricia A. Nielsen, was appointed as administrator of his estate.

Patricia filed a…