633.240 Election to receive homestead. In estates in which the surviving spouse has filed an election and in all intestate estates, whether an election is filed or not, the surviving spouse or the spouse’s conservator, ifapplicable, may, in lieu of the spouse’s share in the real property possessed by the decedentat any time during the marriage, which has not been sold on execution or other judicial sale,and to which the surviving spouse has made no express written relinquishment of right,elect to receive a life estate in the homestead. Such election shall be made and entered ofrecord as provided in section 633.245. In making such election, the surviving spouse shallhave all the rights as to the personal property provided in section 633.238, subsection 1,paragraphs 'b', 'c', and 'd'. In case of failure to make such election, the right to receive thelife estate in the homestead shall be waived. [C97, §3377; S13, §3377; C24, 27, 31, 35, 39, §12012; C46, 50, 54, 58, 62, §636.27; C66, 71, 73, 75, 77, 79, 81, §633.240] 88 Acts, ch 1064, §3; 2005 Acts, ch 38, §16Referred to in §633.236, 633.237, 633.245, 633.246, 633.642 Sat Dec 23 11:24:38 2023 Iowa Code 2024, Section 633.240 (34, 0)
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