HUSSEMANN EX REL. RITTER v. HUSSEMANN

No. 13-1082.

847 N.W.2d 219 (2014)

Velma J. HUSSEMANN, By Her Next Friend and Attorney-In-Fact Marcella D. RITTER, Appellant, v. Herbert J. HUSSEMANN Jr. and Robert J. Hussemann, as Trustees of the Herbert J. Hussemann Inter Vivos Trust Agreement, dated June 3, 1991, Appellees.

Supreme Court of Iowa.

May 23, 2014.


Attorney(s) appearing for the Case

Daniel L. Seufferlein of Ackley, Kopecky & Kingery, LLP, Cedar Rapids, for appellant.

Mark E. Mossman and Amy L. Van Wechel of Mossman & Mossman, LLP, Vinton, for appellees.


MANSFIELD, Justice.

This conflict-of-laws case requires us to determine whose state law governs the enforceability of mutual clauses in a postnuptial agreement that waived each spouse's elective share. Two Florida residents were married in Florida in 1991. A few months later, they signed a postnuptial agreement in Florida. The agreement expressly provided that Florida law would apply. The married couple subsequently moved to Iowa in 2005. In 2012, one of the spouses...

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