§ 633a-3114

633A.3114 Allowance to surviving spouse. 1. Unless a personal representative has been appointed for the settlor’s estate, following the death of a settlor of a revocable trust, the trustee of such revocable trust shall mail awritten notice to the surviving spouse pursuant to section 633.40, subsection 5, notifying thesurviving spouse of the surviving spouse’s right to submit an application to the trustee, withinfour months of service of the notice, for a support allowance for a period of twelve monthsfollowing the death of the settlor, and for a support allowance for the settlor’s dependentswho reside with the spouse for the same period of time. 2. Upon receipt of an application for a support allowance, the trustee may set off and pay to the surviving spouse a sufficient amount of trust assets the trustee deems reasonablefor the proper support of the surviving spouse for the period of twelve months following thedeath of the settlor. The trustee shall take into consideration the station of life of the settlor’ssurviving spouse, the assets and condition of the trust, the probate and nonprobate assetsreceived by the surviving spouse by reason of the settlor’s death, and the income

ion of life of the settlor’ssurviving spouse, the assets and condition of the trust, the probate and nonprobate assetsreceived by the surviving spouse by reason of the settlor’s death, and the income and otherresources of the surviving spouse. The allowance may also include such additional amount asthe trustee deems reasonable for the proper support, during such period, of the dependentsof the settlor who reside with the surviving spouse. If an application for a support allowancehas not been filed within four months following service of the notice by or on behalf of thesurviving spouse and the dependents of the settlor who reside with the surviving spouse, thesurviving spouse and dependents of the settlor shall be deemed to have waived the right toapply for a support allowance during the administration of the trust. 3. A surviving spouse who qualifies for a support allowance under this section may waive the right to such allowance for the surviving spouse and for the dependents of the settlor whoreside with the surviving spouse by submitting an affidavit with the trustee acknowledgingreceipt of notice and irrevocably waiving the right to an allowance under this section. 4.

of the settlor whoreside with the surviving spouse by submitting an affidavit with the trustee acknowledgingreceipt of notice and irrevocably waiving the right to an allowance under this section. 4. The opening of an estate for the settlor shall terminate the right of the surviving spouse to apply for a spousal allowance from the trustee of the settlor’s revocable trust or to receiveadditional support payments from the trust unless the personal representative consents to acontinuation of the support payments. If a spousal allowance has been paid from trust assets,the trustee or trust beneficiaries shall have a right subject to court approval to be reimbursedfrom the settlor’s estate for such payment until the final report of the settlor’s estate has beenapproved. 2012 Acts, ch 1123, §25, 32Referred to in §633.374, 633A.3110, 633A.3115 Sat Dec 23 12:13:19 2023 Iowa Code 2024, Section 633A.3114 (15, 0)