Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Friday, June 30, 2006

Revocable trust is subject to right of election

Under the former Iowa law, a surviving spouse was entitled to an elective share comprising one-third of legal or equitable estate in real property “possessed by the decedent at any time during marriage” and one-third of the decedent’s personal property in addition to all exempt property. The court in Sieh v. Sieh, 713 N.W.2d 194 (Iowa 2006) held that the right of election extends to a revocable trust created by the deceased spouse before marriage, expressly adopting the positions in the Restatement (Third) Property, §9.1(c) and Restatement (Third) Trusts, §25. Note that state law has been amended to subject a revocable trust to the elective share.


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