Iowa Code 633.376 – Allowance to children who do not reside with surviving spouse
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1. The court may also make an allowance under the same terms and conditions as provided in section 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.
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 an adopted child but does not include a grandchild or other more remote descendants, nor, except as provided in sections 633. See Iowa Code 633.3
- Court: means , when referring to a court of this state, the district court sitting in probate with jurisdiction of conservatorships and guardianships. See Iowa Code 633.701
- Decedent: A deceased person.
- Dependent: A person dependent for support upon another.
- Estate: means the real and personal property of either a decedent or a ward, and may also refer to the real and personal property of a trust described in section 633. See Iowa Code 633.3
- 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.
- Guardian: means a person appointed by the court to make decisions regarding the adult under the provisions of this chapter. See Iowa Code 633.701
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, or government; governmental subdivision, agency, or instrumentality; or any other legal or commercial entity. See Iowa Code 633.701
- Personal representative: includes executor and administrator. See Iowa Code 633.3
- Surviving spouse: means the surviving wife or husband, as the case may be. See Iowa Code 633.3
2. The estate’s personal representative shall mail pursuant to section 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.