Iowa Code 633.240 – Election to receive homestead
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Terms Used In Iowa Code 633.240
- Decedent: A deceased person.
- Intestate: Dying without leaving a will.
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
- property: includes personal and real property. See Iowa Code 4.1
633.240 Election to receive homestead.
In estates in which the surviving spouse has filed an election and in all intestate estates, whether an election is filed or not, the surviving spouse or the spouse’s conservator, if applicable, may, in lieu of the spouse’s share in the real property possessed by the decedent at any time during the marriage, which has not been sold on execution or other judicial sale, and to which the surviving spouse has made no express written relinquishment of right, elect to receive a life estate in the homestead. Such election shall be made and entered of record as provided in § 633.245. In making such election, the surviving spouse shall have all the rights as to the personal property provided in § 633.238, subsection 1, paragraphs “”b””, “”c””, and “”d””. In case of failure to make such election, the right to receive the life estate in the homestead shall be waived.
[C97, §3377; S13, §3377; C24, 27, 31, 35, 39, §12012; C46, 50, 54, 58, 62, §636.27; C66, 71,
73, 75, 77, 79, 81, §633.240]
88 Acts, ch 1064, §3; 2005 Acts, ch 38, §16
Referred to in §633.236, 633.237, 633.245, 633.246, 633.642
In estates in which the surviving spouse has filed an election and in all intestate estates, whether an election is filed or not, the surviving spouse or the spouse’s conservator, if applicable, may, in lieu of the spouse’s share in the real property possessed by the decedent at any time during the marriage, which has not been sold on execution or other judicial sale, and to which the surviving spouse has made no express written relinquishment of right, elect to receive a life estate in the homestead. Such election shall be made and entered of record as provided in § 633.245. In making such election, the surviving spouse shall have all the rights as to the personal property provided in § 633.238, subsection 1, paragraphs “”b””, “”c””, and “”d””. In case of failure to make such election, the right to receive the life estate in the homestead shall be waived.
[C97, §3377; S13, §3377; C24, 27, 31, 35, 39, §12012; C46, 50, 54, 58, 62, §636.27; C66, 71,
73, 75, 77, 79, 81, §633.240]
88 Acts, ch 1064, §3; 2005 Acts, ch 38, §16
Referred to in §633.236, 633.237, 633.245, 633.246, 633.642