TITLE 15

UNIFORM PROBATE CODE

CHAPTER 2

INTESTATE SUCCESSION — WILLS

PART 4.

EXEMPT PROPERTY AND ALLOWANCES

15-2-406.  Limitations on exempt property and homestead allowance by will. The decedent may provide by will that a surviving spouse, and/or adult children, but not minor or disabled children:

(1)  Are not entitled to any exempt property or homestead allowance; or

(2)  Are entitled to limited exempt property or a limited homestead allowance, as provided in the will; but

(3)  May not condition such elimination or limitation upon whether the estate of the decedent is subject to a claim for estate recovery for medicaid benefits paid to the decedent or to a spouse of the decedent.

History:

[15-2-406, added 2008, ch. 182, sec. 6, p. 552.]