633.376 - ALLOWANCE TO CHILDREN WHO DO NOT RESIDE WITH SURVIVING SPOUSE.
633.376 ALLOWANCE TO CHILDREN WHO DO NOT RESIDE WITH SURVIVING SPOUSE. 1. The court may also make an allowance to a child of the decedent who is less than eighteen years of age or who is between the ages of eighteen and twenty-two years who is regularly attending an accredited school in pursuance of a course of study leading to a high school diploma or its equivalent, or regularly attending a course of vocational-technical training either as a part of a regular school program or under special arrangements adapted to the individual person's needs; or is, in good faith, a full-time student in a college, university, or community college; or has been accepted for admission to a college, university, or community college and the next regular term has not yet begun; or a child of any age who is dependent because of physical or mental disability; who does not reside with the surviving spouse, of an amount it deems reasonable in the light of the assets and condition of the estate, to provide for the child's proper support during the period of twelve months. 2. The estate's personal representative shall cause written notice to be mailed pursuant to section 633.40, subsection 5, to the legal guardian of each child qualified under subsection 1 and to each child who has no legal guardian. The notice shall inform the child and the child's guardian, if applicable, of the right to apply, 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 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.
Section History: Early Form [C66, 71, 73, 75, 77, 79, 81, § 633.376]
Section History: Recent Form 83 Acts, ch 101, § 127; 86 Acts, ch 1245, § 1497; 90 Acts, ch 1253, § 120; 2009 Acts, ch 52, §7, 14
Footnotes 2009 amendment to this section applies to estates of decedents dying on or after July 1, 2009; 2009 Acts, ch 52, §14