icon 0
icon TOP UP
rightIcon
icon Reading History
rightIcon
icon Log out
rightIcon
icon Get the APP
rightIcon

Legal Status of Women in Iowa

Chapter 8 SETTLEMENT OF THE ESTATE—DESCENT AND DISTRIBUTION OF PROPERTY.

Word Count: 2463    |    Released on: 30/11/2017

ersonal

n her hands as in the hands of the decedent. [§3575.] This provision secures an advantage to the wife which does not exist in favor of the husband. Upon the death of the wife all personal property belonging to her, whether exempt or not, passes to h

insur

avails of all policies of insurance on the life of an individual payable to his surviving widow, shall be exempt from liabilities for all debts of such beneficiary contracted prior to the death of the deceased, provided that in any case the total exemption for the benefit of any one person shall not exceed the sum of five thousand dollars. [§1756, Sup.] The contract between the assured and the insurance company, cannot be changed in any particular without the consent of the company, and a testator cannot, by will, change the beneficiary named in the policy unless it is expressly

of a policy or certificate of insurance made payable to the ass

to widow a

and should be paid immediately. If the widow and children have no other means of support the allowance may be made though the estate is insolvent. It is no part of the dower interest, but is a separate and distinct right which may be made in addition to dower, or even in cases where by contract made before marriage, all rights to dower and inh

es of

and above the expenses of administration, they shall pay off th

owa

e which may be made by the court for the mainte

he estate will be discharged in the order provided by law, after which, the balance of the property, devise

stribution. Pe

be distributed to the same persons and in the same proportions as though it were real estate. [§3640.] A husband cannot, by will, deprive

ym

paid over as fast as the execut

k

done satisfactorily and equitably. In other cases the court may direct

distri

dition to what is hereinbefore set apart for their use, may direc

husband

rtesy are hereby abolished. [§3644] Dower and curtesy. While the estate of dower is abolished by statute, and a wife takes her distributive share of the property in its stead, yet this distributive share is still commonly designated by the term "dower." The dower interest of the wife is not subject to the debts of her husband. A wife may release her right of dower in real property by joining in a joint deed with her husband, although the deed may contain no express relinquishment of dower. Contracts between husband and wife, though for a legal and valuable consideration, or with a view to sepa

est

the last section, unless she prefers a different arrangement. But no different arrangement shall be permitted where it would have the effect of prejudicing the rights of creditors. [§3645.] If the

of a

term "non-resident alien" does not refer to one who resides out of the United States, but to non-residents of the state, who may reside in other states; the purpose of the statute

set

nt of all parties interested, when such consent can be obtained,

lic

and within ten years after the death of the husband, and must specify the particular tr

re not affe

ision applies equally to the husband's rights under the will of the wife, and it applies to wills made before marriage, as well as to those executed after marriage. Where there is no express provision in the will that a devise to the wife is in lieu of dower, she will take her distributive share of th

. To ch

ning estate of which the decedent died, shall, in the absence of other

decease

escribed in the same manner as though such child had outlived his parents. [§3658.] The mother of a child which dies while

and p

which would have gone to her, shall go to his parents, [§3659.] The one-third which the wife takes as her distributive share is all that may be held

ing pa

deceased parent, shall go to the surviving parent, including the portion

of p

disposed of in the same manner as if they had outlived the intestate and died in the possession and ownershi

nd her

; and if he has had more than one wife who either died or survived in lawful wedlock, it shall be equally divided between the one who is liv

ncem

ould now be worth if in the condition in which it was given to him. But if such advancement exceeds the amount to which he would be entitled, he cannot be required to refund any portion thereof. [§3663.] A gift to an heir by way of advanc

ere are

ing uninherited, it shall e

hildren. Inher

ld born at any time during lawful wedlock is presumed by the law to be legitimate, but where q

t from

writing. [§3671.] The recognition in writing need not be a formal avowal. Any writing, as by letter or otherwise, is sufficient. For the purposes of inheritance an illegitimate child stands on exactly the same footing a

herits fr

relationship has been mutual, the father may i

Claim Your Bonus at the APP

Open