847 N.W.2d 219
Iowa2014Background
- 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)
