Spousal rights and Allowance Support

Spouse Rights to a Share of the Estate and Support Allowance

In todays world, it is often that a a person with children and grandchildren a person will remarry after the death of his or her first spouse. The financial needs of a surviving spouse and the rights under Iowa or Illinois law right to a spousal share and support allowance.  This can create some issues in families from both marriages.  Iowa law provides certain protections for a surviving spouse.  For example, a spouse cannot be excluded from an estate plan without his or her consent.  If one spouse attempts to disinherit his or her spous with out regard to the terms of the Will & Testament or Trust.

Another protection for the surviving spouse is the right to an allowance for a period 12 months after the death of his or her spouse.  This “spousal allowance” is the spouse's right to receive payments from the estate based upon his or her station in life and the condition of the estate.  It is not necessary that there be a showing of need for this allowance and a prenuptial agreement cannot remove this right.

We have represented individuals on both sides of these issues: those seeking to enforce spousal rights and those challenging those spousal rights.

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