Iowa Code 633.244 – Incompetent spouse — election by court
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Terms Used In Iowa Code 633.244
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
633.244 Incompetent spouse — election by court.
In case an affidavit is filed that the surviving spouse is incapable of determining whether to take the elective share, or to elect to receive a life estate in the homestead, and does not have a conservator, the court shall fix a time and place of hearing on the matter and cause a notice thereof to be served upon the surviving spouse in such manner and for such time as the court may direct. At the hearing, a guardian ad litem shall be appointed to represent the spouse and the court shall enter such orders as it deems appropriate under the circumstances. The guardian ad litem shall be a practicing attorney.
[S13, §3376, 3377; C24, 27, 31, 35, 39, §12011, 12014; C46, 50, 54, 58, 62, §636.26, 636.29;
C66, 71, 73, 75, 77, 79, 81, §633.244]
88 Acts, ch 1064, §4; 90 Acts, ch 1271, §1513; 2005 Acts, ch 38, §20
Referred to in §229.27, 633.236, 633.237, 633.245, 633.246
In case an affidavit is filed that the surviving spouse is incapable of determining whether to take the elective share, or to elect to receive a life estate in the homestead, and does not have a conservator, the court shall fix a time and place of hearing on the matter and cause a notice thereof to be served upon the surviving spouse in such manner and for such time as the court may direct. At the hearing, a guardian ad litem shall be appointed to represent the spouse and the court shall enter such orders as it deems appropriate under the circumstances. The guardian ad litem shall be a practicing attorney.
[S13, §3376, 3377; C24, 27, 31, 35, 39, §12011, 12014; C46, 50, 54, 58, 62, §636.26, 636.29;
C66, 71, 73, 75, 77, 79, 81, §633.244]
88 Acts, ch 1064, §4; 90 Acts, ch 1271, §1513; 2005 Acts, ch 38, §20
Referred to in §229.27, 633.236, 633.237, 633.245, 633.246