The right of election of a surviving spouse may be waived, wholly or partially, by a written agreement, or by a waiver signed by the surviving spouse. A valid waiver by a surviving spouse of a right of election against a will must meet three requirements:
1. It must be in the form of a written contract or agreement;
2. It must be signed by the party waiving the right; and
3. There must have been fair disclosure.
The Iowa Certification of Waiver by Attorney for Surviving Spouse is a legal document used in the state of Iowa to certify that a surviving spouse has waived their right to claim an elective share or other marital property rights. This document is typically prepared and signed by an attorney on behalf of the surviving spouse. Keywords: Iowa, certification of waiver, attorney, surviving spouse, elective share, marital property rights. There are different types of Iowa Certifications of Waiver by Attorney for Surviving Spouse, which include: 1. Certification of Waiver of Elective Share: This type of certification specifically waives the surviving spouse's right to claim an elective share of the deceased spouse's estate. An elective share refers to the portion of the estate that a surviving spouse is entitled to receive, regardless of what is stated in the deceased spouse's will. 2. Certification of Waiver of Rights to Marital Property: This type of certification waives the surviving spouse's rights to any marital property that they would otherwise be entitled to. Marital property includes assets acquired during the marriage by either spouse and is subject to division upon divorce or death. 3. Certification of Waiver of Homestead Rights: In Iowa, surviving spouses have certain homestead rights, which protect their occupancy rights in the marital home. This type of certification waives those homestead rights, allowing for the disposition or sale of the property without the surviving spouse's consent or claim. Note: It's important to consult with an attorney to understand the specific requirements and implications of each type of Iowa Certification of Waiver by Attorney for Surviving Spouse, as laws can vary and legal advice is necessary to ensure compliance with Iowa state law.
