C.R.S. § 15-11-404 Family Allowance

• Library: Colorado Statutes
• Edition: 2023
• Currency: Current through 2023 Regular and 1st Extraordinary Session
• Year: 2023
• Citation: C.R.S. § 15-11-404

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(2) The family allowance is not chargeable against any benefit or share passing to the surviving spouse or children by the will of the decedent, unless otherwise provided, by intestate succession, or by way of elective-share. The death of any person entitled to a family allowance terminates the right to receive an allowance for any period arising after his or her death, but does not affect the right of his or her estate to recover the unpaid allowance for periods prior to his or her death.

Cite as C.R.S. § 15-11-404

History: Amended by 2021 Ch. 123, § 13, eff. 9/7/2021.

History: L. 94: Entire part R&RE, p. 996, § 3, effective July 1, 1995.

Editor's Note:

(1) This section is similar to former § 15-11-403 as it existed prior to 1995.

(2) Section 31(2) of chapter 123 (SB 21-006), Session Laws of Colorado 2021, provides that the act changing this section applies to final dispositions of human remains or human fetuses made on or after September 7, 2021.

Note: 2021 Ch. 123, was passed without a safety clause. See Colo. Const. art. V, § 1(3).