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
2014 Iowa Sup. LEXIS 55
| Iowa | 2014Background
- Velma Hussemann, acting via Marcella Ritter, seeks her spousal elective share under Iowa law after Herbert J. Hussemann Sr. died intestate in 2012.
- A Florida postnuptial agreement signed in 1991 waived Velma’s elective share; Florida law governs the agreement per choice-of-law provision.
- Herbert and Velma lived in Florida until 2005, then moved to Iowa; the dispute arose in Iowa probate proceedings.
- Trustees contend the Florida waiver is enforceable under Florida law and Iowa has no overriding policy to invalidate it.
- The district court granted judgment on the pleadings for the trustees, determining Florida law applies; Velma appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Florida law governs the enforceability of the waiver | Husse-mann argues Iowa public policy defeats postnuptial waivers | Trustees contend Florida law controls due to the contract’s choice-of-law provision | Florida law applies |
| Whether Iowa has a materially greater interest justifying disregard of the choice-of-law clause | Velma asserts Iowa policy should override Florida due to relocation | Trustees argue Florida’s substantial relationship and trust formation justify Florida law | Iowa does not have a materially greater interest; apply Florida law |
Key Cases Cited
- Cameron v. Hardisty, 407 N.W.2d 595 (Iowa 1987) (conflict-of-laws choice-of-law rules; apply Restatement §187 to contractual choice)
- Pa. Life Ins. Co. v. Simoni, 641 N.W.2d 807 (Iowa 2002) (Restatement §187 approach to contract-based choice of law)
- In re Estate of Wulf, 471 N.W.2d 850 (Iowa 1991) (narrow interpretation of Iowa Code §597.2 regarding dower-related transactions)
- In re Marriage of Shanks, 758 N.W.2d 506 (Iowa 2008) (premarital/postmarital agreements and enforceability under state law)
- Elgar v. Elgar, 679 A.2d 937 (Conn. 1996) (use of foreign law when public policy does not require departure; choice-of-law)
- In re Estate of Nicole-Santos, 648 So.2d 277 (Fla. Dist. Ct. App. 1995) ( Puerto Rico law applied to a Florida-resident couple’s prenuptial agreement; reinforces foreign-law validity)