Iowa Code 633.376 – Allowance to children who do not reside with surviving spouse
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Terms Used In Iowa Code 633.376
- 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.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Child: includes child by adoption. See Iowa Code 4.1
- Decedent: A deceased person.
- Dependent: A person dependent for support upon another.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- 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.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
633.376 Allowance to children who do not reside with surviving spouse.
1. The court may also make an allowance under the same terms and conditions as provided in § 633.374 of an amount the court deems reasonable in light of the assets and condition of the estate, to provide for proper support during the period of twelve months following the decedent‘s death to a child of the decedent who does not reside with the surviving spouse and is any of the following:
a. Less than eighteen years of age.
b. Between the ages of eighteen and twenty-two years who is any of the following:
(1) Regularly attending an accredited school in pursuance of a course of study leading to a high school diploma or its equivalent.
(2) Regularly attending a course of career and technical training either as a part of a regular school program or under special arrangements adapted to the individual person‘s needs.
(3) Is, in good faith, a full-time student in a college, university, or community college.
(4) Has been accepted for admission to a college, university, or community college and the next regular term has not yet begun.
c. Is a child of any age who is dependent because of physical or mental disability.
2. The estate’s personal representative shall mail pursuant to § 633.40, subsection
5, to the legal guardian of each child qualified under subsection 1 and to each child or the guardian ad litem for such child if necessary, who has no legal guardian, a written notice regarding the right to request an allowance. The notice shall inform the child and the child’s guardian or guardian ad litem, if applicable, of the right to submit an application to the court, within four months after service of the notice, for support for a period of twelve months following the decedent’s death. If an application for support has not been filed within four months after service of the notice by or on behalf of the child qualifying for support under subsection 1, the child shall be deemed to have waived the right to support under this section. A child who qualifies for support under this section or the child’s guardian or guardian ad litem may waive the child’s right to such support by filing an affidavit acknowledging receipt of notice and irrevocably waiving the child’s right to support under this section.
[C66, 71, 73, 75, 77, 79, 81, §633.376]
83 Acts, ch 101, §127; 86 Acts, ch 1245, §1497; 90 Acts, ch 1253, §120; 2009 Acts, ch 52, §7,
14; 2012 Acts, ch 1123, §11, 32; 2013 Acts, ch 90, §177; 2016 Acts, ch 1108, §71
1. The court may also make an allowance under the same terms and conditions as provided in § 633.374 of an amount the court deems reasonable in light of the assets and condition of the estate, to provide for proper support during the period of twelve months following the decedent‘s death to a child of the decedent who does not reside with the surviving spouse and is any of the following:
a. Less than eighteen years of age.
b. Between the ages of eighteen and twenty-two years who is any of the following:
(1) Regularly attending an accredited school in pursuance of a course of study leading to a high school diploma or its equivalent.
(2) Regularly attending a course of career and technical training either as a part of a regular school program or under special arrangements adapted to the individual person‘s needs.
(3) Is, in good faith, a full-time student in a college, university, or community college.
(4) Has been accepted for admission to a college, university, or community college and the next regular term has not yet begun.
c. Is a child of any age who is dependent because of physical or mental disability.
2. The estate’s personal representative shall mail pursuant to § 633.40, subsection
5, to the legal guardian of each child qualified under subsection 1 and to each child or the guardian ad litem for such child if necessary, who has no legal guardian, a written notice regarding the right to request an allowance. The notice shall inform the child and the child’s guardian or guardian ad litem, if applicable, of the right to submit an application to the court, within four months after service of the notice, for support for a period of twelve months following the decedent’s death. If an application for support has not been filed within four months after service of the notice by or on behalf of the child qualifying for support under subsection 1, the child shall be deemed to have waived the right to support under this section. A child who qualifies for support under this section or the child’s guardian or guardian ad litem may waive the child’s right to such support by filing an affidavit acknowledging receipt of notice and irrevocably waiving the child’s right to support under this section.
[C66, 71, 73, 75, 77, 79, 81, §633.376]
83 Acts, ch 101, §127; 86 Acts, ch 1245, §1497; 90 Acts, ch 1253, §120; 2009 Acts, ch 52, §7,
14; 2012 Acts, ch 1123, §11, 32; 2013 Acts, ch 90, §177; 2016 Acts, ch 1108, §71