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.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 2 - INTESTATE SUCCESSION — WILLS
Part 4 - EXEMPT PROPERTY AND ALLOWANCES
Section 15-2-401 - APPLICABLE LAW.
Section 15-2-402 - HOMESTEAD ALLOWANCE.
Section 15-2-403 - EXEMPT PROPERTY.
Section 15-2-405 - SOURCE — DETERMINATION — DOCUMENTATION — MISCELLANEOUS PROVISIONS.
Section 15-2-406 - LIMITATIONS ON EXEMPT PROPERTY AND HOMESTEAD ALLOWANCE BY WILL.