Legal Question in Wills and Trusts in Iowa

An attorney would need to see the terms of the will to give you an accurate answer. While it is certainly possible, I have never seen a will which gave all personal property to the children while the spouse was still alive. In addition, Iowa has what is called an elective share, which provides for the spouse, even if the will gives everything to the children. If the spouse elects to take against the will, she may be entitled to all or a portion of the personal property. Here is the text of that code section:

633.238 Share of surviving spouse who elects to take against will.

If the surviving spouse elects to take against the will, the share of such surviving spouse will be:

1. One-third in 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 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. One-third of all other personal property of the decedent that is not necessary for the payment of debts and charges.