In case an affidavit isfiled that the surviving spouse isincapable of determining whether to take the elective share, or to elect to receive a lifeestate in 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 itdeems 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]
‹ Prev All Iowa sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.