The right of the surviving spouse to elect to take against the will and the right of the surviving spouse to occupy 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 to take against the will, it shall be conclusively presumed that the surviving spouse takes under the provisions of the will.
[C66, 71, 73, 75, 77, 79, 81, § 633.242]
Referred to in § 633.236, 633.704
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