In case an affidavit is filed that the surviving spouse is incapable of making an election to take against the will, or to elect to occupy the homestead, and does not have a conservator, the court shall fix a time and place of hearing on the matter, and cause a notice thereof to be served upon the surviving spouse in such manner and for such time as the court may direct. At the hearing, a guardian ad litem shall be appointed to represent the spouse, and the court shall enter such orders as it deems appropriate under the circumstances. The guardian ad litem shall be a practicing attorney.
[S13, § 3376, 3377; C24, 27, 31, 35, 39, § 12011, 12014; C46, 50, 54, 58, 62, § 636.26, 636.29; C66, 71, 73, 75, 77, 79, 81, § 633.244]
88 Acts, ch 1064, §4; 90 Acts, ch 1271, § 1513
Referred to in § 229.27, 633.236, 633.245, 633.246, 633.704
Previous Section 633.243
Next Section 633.245
© 2002 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: Thu Jan 24 10:51:05 CST 2002
URL: /DOCS/IACODE/2001SUPPLEMENT/633/244.html
jhf