The decedent may provide by will that a surviving spouse, and/or adult children, but not minor or disabled children:
(1) Are not entitled to any exempt property or homestead allowance; or
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Terms Used In Idaho Code 15-2-406

  • Decedent: A deceased person.
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Will: includes a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession. See Idaho Code 15-2-1102
(2) Are entitled to limited exempt property or a limited homestead allowance, as provided in the will; but
(3) May not condition such elimination or limitation upon whether the estate of the decedent is subject to a claim for estate recovery for medicaid benefits paid to the decedent or to a spouse of the decedent.