Iowa Code 633A.3106 – Children born or adopted after execution of a revocable trust
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Terms Used In Iowa Code 633A.3106
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Child: includes child by adoption. See Iowa Code 4.1
- Decedent: A deceased person.
- Intestate: Dying without leaving a will.
- Probate: Proving a will
- Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
633A.3106 Children born or adopted after execution of a revocable trust.
1. When a settlor fails to provide in a revocable trust for any of the settlor’s children born to or adopted by the settlor after the execution of the trust or the last amendment to the trust, such child, whether born before or after the settlor’s death, shall receive a share of the trust equal in value to that which the child would have received under § 633.219, after taking into account the spouse’s intestate share under § 633.211 or § 633.212, whichever is applicable, as if the settlor had died intestate, unless it appears from the terms of the trust or decedent‘s will that such omission was intentional.
2. For the purposes of this section, a child born after the death of the settlor who would have been entitled to a share of the settlor’s probate estate pursuant to § 633.267 shall be treated as a child of the settlor.
99 Acts, ch 125, §30, 109
C2001, §633.3106
2005 Acts, ch 38, §54
CS2005, §633A.3106
2008 Acts, ch 1119, §28, 39; 2011 Acts, ch 18, §5; 2012 Acts, ch 1021, §109
1. When a settlor fails to provide in a revocable trust for any of the settlor’s children born to or adopted by the settlor after the execution of the trust or the last amendment to the trust, such child, whether born before or after the settlor’s death, shall receive a share of the trust equal in value to that which the child would have received under § 633.219, after taking into account the spouse’s intestate share under § 633.211 or § 633.212, whichever is applicable, as if the settlor had died intestate, unless it appears from the terms of the trust or decedent‘s will that such omission was intentional.
2. For the purposes of this section, a child born after the death of the settlor who would have been entitled to a share of the settlor’s probate estate pursuant to § 633.267 shall be treated as a child of the settlor.
99 Acts, ch 125, §30, 109
C2001, §633.3106
2005 Acts, ch 38, §54
CS2005, §633A.3106
2008 Acts, ch 1119, §28, 39; 2011 Acts, ch 18, §5; 2012 Acts, ch 1021, §109