Text: HF00367 Text: HF00369 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 633.219, subsection 2, Code 1999, is
1 2 amended to read as follows:
1 3 2. If there is no surviving issue, to the parents of the
1 4 decedent equally; and if either parent is dead, the portion
1 5 that would have gone to such deceased parent shall go to the
1 6 survivor.
1 7 For purposes of this subsection, the following parent shall
1 8 be treated as if such parent predeceased the decedent:
1 9 a. A parent who is found by the court to have abandoned
1 10 the decedent, as defined in section 600A.2, subsection 18,
1 11 while the decedent is or was a minor.
1 12 b. A parent who is subject to an order to pay child
1 13 support for the benefit of the decedent, and who has failed to
1 14 pay the ordered support for ten or more of the twelve months
1 15 immediately preceding the decedent's death, and who fails to
1 16 establish by clear and convincing evidence that the parent did
1 17 not abandon the child, as defined in section 600A.2,
1 18 subsection 18.
1 19 EXPLANATION
1 20 This bill amends the provision in the probate code through
1 21 which parents inherit from the estate of a child that has left
1 22 no will (intestate decedent).
1 23 The bill provides that a parent who is found by the court
1 24 to have legally abandoned a child while the child is or was a
1 25 minor shall be treated under the statute as predeceasing the
1 26 child, and therefore would not be able to inherit from the
1 27 child's estate. The bill specifically provides that a parent
1 28 who is subject to a court order to pay child support and who
1 29 has not paid the ordered support for 10 or more of the 12
1 30 months immediately preceding the child's death creates a
1 31 rebuttable presumption of abandonment that must be overcome by
1 32 clear and convincing evidence before the parent is permitted
1 33 to inherit from the child's estate under this statute.
1 34 LSB 2311HH 78
1 35 jj/jw/5
Text: HF00367 Text: HF00369 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Feb 8 03:35:15 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/00300/HF00368/990224.html
jhf