Legal Question in Civil Rights Law in Iowa

The short answer is, unfortunately, if the court has not issued a decree of dissolution, and there is nothing recognizable as a last will she is the surviving spouse and you cannot stop this. The subject is governed by Iowa Code ch 633.211 which states:

633.211 SHARE OF SURVIVING SPOUSE IF DECEDENT LEFT NO

ISSUE OR LEFT ISSUE ALL OF WHOM ARE ISSUE OF SURVIVING SPOUSE.

If the decedent dies intestate leaving a surviving spouse and

leaving no issue or leaving issue all of whom are the issue of the

surviving spouse, the surviving spouse shall receive the following

share:

1. All the value of all the legal or equitable estates in real

property possessed by the decedent at any time during the marriage,

which have not been sold on execution or by other judicial sale, and

to which the surviving spouse has made no relinquishment of right.

2. All personal property that, at the time of death, was, in the

hands of the decedent as the head of a family, exempt from execution.

3. All other personal property of the decedent which is not

necessary for the payment of debts and charges.