Provision of family allowance by independent personal representative
When someone dies, a person called an independent personal representative handles the estate on their own, without needing a judge's approval for most decisions. One limit exists: without court permission, this person cannot set the family allowance above a one-time payment of $6,000 or more than $500 per month for one year. If anyone is unhappy with a decision made (or not made), that person can ask a court to step in and change the family allowance to a higher or lower amount.
474.293. of by — limitations — by court. — An independent personal representative may, without court direction, or approval, make any , finding, authorization, allowance, , payment, or , or do any other act which the court could direct, authorize, make or do under sections 474.250, 474.260, 474.280 and 474.290, except that he may not, without court authorization, set the family allowance at more than a of six thousand dollars or in excess of five hundred dollars per month for one year. The independent personal representative, or any by any determination, finding, authorization, allowance, conveyance, payment, partition, delivery or other act, or by failure to act, under this section, may the court for relief, which relief may provide a family allowance larger or smaller than that which the independent personal representative determined or could have determined.
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Source & history notes
(L. 1980 S.B. 637) Effective 1-01-81
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