§560:2-404  Family allowance. 
(a)  In addition to the right to homestead allowance and exempt property, the
decedent's surviving spouse or reciprocal beneficiary and minor children whom
the decedent was obligated to support and children who were in fact being
supported by the decedent are entitled to a reasonable allowance in money out
of the estate for their maintenance during the period of administration, which
allowance may not continue for longer than one year if the estate is inadequate
to discharge allowed claims.  The allowance may be paid as a lump sum or in
periodic installments.  It is payable to the surviving spouse or reciprocal
beneficiary, if living, for the use of the surviving spouse or reciprocal
beneficiary and minor and dependent children; otherwise to the children, or
persons having their care and custody.  If a minor child or dependent child is
not living with the surviving spouse or reciprocal beneficiary, the allowance
may be made partially to the child or the child's guardian or other person
having the child's care and custody, and partially to the spouse or reciprocal
beneficiary, as their needs may appear.  The family allowance is exempt from
and has priority over all claims except the homestead allowance.



(b)  The family allowance is not chargeable
against any benefit or share passing to the surviving spouse, reciprocal
beneficiary, 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 family allowance terminates the right to allowances not
yet paid. [L 1996, c 288, pt of §1; am L 1997, c 383, §19]



 



Rules of Court



 



  Distribution, see HPR rule 90(b).