The court will split the estate up among the child lines. What this means can best be shown be some examples. If there are three children then each child gets 1/3. If there were three children but one died then the remaining two children take as if there had only been two children i.e. 1/2 each. In other situations it can get more complex so for the following example assume that X and Y are the dead parents and the court found that they had $3,000 and that A, B and C are the children of Y and X. If C died before X and Y but C had two children of his own then X and Y’s assets would be divided up as follows. A would get 1/3 ($1,000) and B would get 1/3 ($1,000). C’s share would NOT go to A or B but rather to the children of C so C’s 1/3 portion would be divided evenly to C’s two children ($500 to each child of C). There are several different situations that can involve many different twists and turns so it is best to call the hotline on this topic. Reference: Iowa Code §633 (1999)
Author: Iowa Concern Attorney
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