633.226  Death of advancee before intestate.

If an advancee under section 633.224 dies before the intestate, leaving an heir who takes from the intestate, the advancement shall be taken into account in the same manner as if it had been made directly to such heir. If such heir is entitled to a lesser share in the estate than the advancee would have been entitled to, had the advancee survived the intestate, then the heir shall be charged with only such proportion of the advancement as the amount the heir would have inherited, had there been no advancement, bears to the amount which the advancee would have inherited, had there been no advancement.

Section History: Early form

  [C51, § 1419, 1420; R60, § 2445, 2446; C73, § 2459; C97, § 3383; C24, 27, 31, 35, 39, § 12029; C46, 50, 54, 58, 62, § 636.44; C66, 71, 73, 75, 77, 79, 81, § 633.226]

Internal References

  Referred to in § 633.210


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