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Case No. 20-1399

In the Matter of the Estate of Clarence I. Laube, Deceased

Irvin Laube and Philip Laube, Appellees

Sherry Reints, Appellant

Attorney for Appellees

John J. Wood and Nathan D. Miller

Attorney for Appellant

Gary Papenheim

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jan 12, 2022

            Appeal from the Iowa District Court for Butler County, Christopher C. Foy, Judge.  AFFIRMED.  Heard by Mullins, P.J., and Schumacher and Ahlers, JJ.  Per Curiam.  Special concurrence by Ahlers, J.  (21 pages)

            Sherry Reints appeals from the district court’s order enforcing a premarital agreement that prohibits her from taking the spousal election against her deceased husband’s will.  OPINION HOLDS: Sherry failed to meet her burden to establish unenforceability of her premarital agreement based on unconscionability or inadequate disclosure.  She also failed to prove a material breach of the agreement by her husband or his estate that would relieve her of her obligation to perform her obligation to not take against the will.  Finally, the estate did not waive its ability to contest Sherry’s efforts to take against the will by sending her notice of her right to make such a claim.  As a result, we affirm.  SPECIAL CONCURRENCE ASSERTS: I concur with the result, but I believe Sherry failed to preserve error on her claims of material breach by her husband or the estate and waiver by the estate due to sending her notice.

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