IOWA MARRIAGE EQUALITY
The Supreme Court of Iowa recently handed down a decision regarding Iowa marriage equality. This brings to mind the rights and protections established by the Iowa legislature which Iowans enjoy because of their status as a spouse. Many of these protections relate to elder law issues, but they are actually pervasive throughout Iowa law. Some of these are as follows:
• If a married Iowan dies without a will, the surviving spouse is automatically entitled to a share of the net estate by reason of the laws of intestacy. Even though a spouse is not an "heir" the law provides special protection status to a spouse.
• If a married Iowan dies with a will that leaves no provision in favor of the
spouse, or a legally insufficient share, the surviving spouse can make an
"election" to take against the will and receive a share that is established by
statute. The law does not allow one spouse to cut the other out of their will.
• A surviving spouse is exempt from paying Iowa Inheritance Tax.
• If an Iowan has not executed a declaration for the withholding of life sustaining procedures, and if there is no appointed attorney-in-fact or guardian, the law establishes a hierarchy with respect to who may make decisions to withhold or withdraw life sustaining procedures. A spouse has the first priority to make such a decision.
• The law contains provisions to protect a spouse from impoverishment, if the other spouse needs to qualify for Medicaid to obtain nursing home or other care.
• In Iowa, a homestead is generally exempt from claims of creditors. The law offers
several protections to spouses, with respect to homestead rights.
The Supreme Court of Iowa recently handed down a decision regarding Iowa marriage equality. This brings to mind the rights and protections established by the Iowa legislature which Iowans enjoy because of their status as a spouse. Many of these protections relate to elder law issues, but they are actually pervasive throughout Iowa law. Some of these are as follows:
• If a married Iowan dies without a will, the surviving spouse is automatically entitled to a share of the net estate by reason of the laws of intestacy. Even though a spouse is not an "heir" the law provides special protection status to a spouse.
• If a married Iowan dies with a will that leaves no provision in favor of the
spouse, or a legally insufficient share, the surviving spouse can make an
"election" to take against the will and receive a share that is established by
statute. The law does not allow one spouse to cut the other out of their will.
• A surviving spouse is exempt from paying Iowa Inheritance Tax.
• If an Iowan has not executed a declaration for the withholding of life sustaining procedures, and if there is no appointed attorney-in-fact or guardian, the law establishes a hierarchy with respect to who may make decisions to withhold or withdraw life sustaining procedures. A spouse has the first priority to make such a decision.
• The law contains provisions to protect a spouse from impoverishment, if the other spouse needs to qualify for Medicaid to obtain nursing home or other care.
• In Iowa, a homestead is generally exempt from claims of creditors. The law offers
several protections to spouses, with respect to homestead rights.
