Iowa Code 633.242 – Rights of election personal to surviving spouse
Current as of: 2023 | Check for updates
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Terms Used In Iowa Code 633.242
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
- Surviving spouse: means the surviving wife or husband, as the case may be. See Iowa Code 633.3
The right of the surviving spouse to take an elective share, and the right of the surviving spouse to receive a life estate in the homestead, are personal. They are not transferable and cannot be exercised for the spouse subsequent to the spouse’s death. If the surviving spouse dies prior to filing an election, it shall be conclusively presumed that the surviving spouse does not take such elective share.