524.2-402 DESCENT OF HOMESTEAD.
(a) If there is a surviving spouse, the homestead, including a manufactured home which is
the family residence, descends free from any testamentary or other disposition of it to which the
spouse has not consented in writing or as provided by law, as follows:
(1) if there is no surviving descendant of decedent, to the spouse; or
(2) if there are surviving descendants of decedent, then to the spouse for the term of
the spouse's natural life and the remainder in equal shares to the decedent's descendants by
(b) If there is no surviving spouse and the homestead has not been disposed of by will it
descends as other real estate.
(c) If the homestead passes by descent or will to the spouse or decedent's descendants, it is
exempt from all debts which were not valid charges on it at the time of decedent's death except
that the homestead is subject to a claim filed pursuant to section
for state hospital care or
for medical assistance benefits. If the homestead passes to a person other than a spouse
or decedent's descendants, it is subject to the payment of expenses of administration, funeral
expenses, expenses of last illness, taxes, and debts. The claimant may seek to enforce a lien or
other charge against a homestead so exempted by an appropriate action in the district court.
(d) For purposes of this section, except as provided in section
, the surviving
spouse is deemed to consent to any testamentary or other disposition of the homestead to which
the spouse has not previously consented in writing unless the spouse files in the manner provided
524.2-211, paragraph (f)
, a petition that asserts the homestead rights provided to the
spouse by this section.
History: 1994 c 472 s 32; 1997 c 7 art 1 s 165; 1997 c 9 s 6