Iowa Code 633.246 – Election not subject to change
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Iowa Code 633.246
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Intestate: Dying without leaving a will.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
633.246 Election not subject to change.
1. An election by or on behalf of a surviving spouse to take the share provided in section
633.211, 633.212, 633.236, 633.238, 633.240, or 633.244 shall be binding and shall not be subject to change except for such causes as would justify an equitable decree for the rescission of a deed.
2. An affirmative election to take under the will, receive the intestate share, or take under the revocable trust shall be irrevocable when filed as provided in § 633.237.
[C66, 71, 73, 75, 77, 79, 81, §633.246]
2009 Acts, ch 52, §5, 14; 2012 Acts, ch 1123, §4, 32
Referred to in §633.236, 633.237
1. An election by or on behalf of a surviving spouse to take the share provided in section
633.211, 633.212, 633.236, 633.238, 633.240, or 633.244 shall be binding and shall not be subject to change except for such causes as would justify an equitable decree for the rescission of a deed.
2. An affirmative election to take under the will, receive the intestate share, or take under the revocable trust shall be irrevocable when filed as provided in § 633.237.
[C66, 71, 73, 75, 77, 79, 81, §633.246]
2009 Acts, ch 52, §5, 14; 2012 Acts, ch 1123, §4, 32
Referred to in §633.236, 633.237