59-403.Allowance to spouse andminor children.When a resident of the state dies, testate or intestate, the survivingspouse shall be allowed, for the benefit of such spouse and the decedent'sminor children during the period of their minority, from the personalor real property of which the decedent was possessed or to which thedecedent wasentitled at the time of death, the following:
(a) The wearing apparel, family library, pictures, musical instruments,furniture and household goods, utensils and implements used in the home,one automobile, and provisions and fuel on hand necessary for the supportof the spouse and minor children for one year.
(b) A reasonable allowance of not more than $50,000in money or other personal or real property at its appraised value in fullor partpayment thereof, with the exact amount of such allowance to be determined andordered by the court, after taking into account the condition of the estateof the decedent.
The property shall not be liable for the payment of any of decedent'sdebts or other demands against the decedent's estate, except liens thereonexisting at the time of the decedent's death. If there are no minorchildren, the property shall belong to the spouse; if there are minorchildren and no spouse, it shall belong to the minor children. Theselection shall be made by the spouse, if living, otherwise by the guardianof the minor children. In case any of the decedent's minor children are notliving with the surviving spouse, the court may make such division asthe court deems equitable.
59-403.Allowance to spouse andminor children.When a resident of the state dies, testate or intestate, the survivingspouse shall be allowed, for the benefit of such spouse and the decedent'sminor children during the period of their minority, from the personalor real property of which the decedent was possessed or to which thedecedent wasentitled at the time of death, the following:
(a) The wearing apparel, family library, pictures, musical instruments,furniture and household goods, utensils and implements used in the home,one automobile, and provisions and fuel on hand necessary for the supportof the spouse and minor children for one year.
(b) A reasonable allowance of not more than $50,000in money or other personal or real property at its appraised value in fullor partpayment thereof, with the exact amount of such allowance to be determined andordered by the court, after taking into account the condition of the estateof the decedent.
The property shall not be liable for the payment of any of decedent'sdebts or other demands against the decedent's estate, except liens thereonexisting at the time of the decedent's death. If there are no minorchildren, the property shall belong to the spouse; if there are minorchildren and no spouse, it shall belong to the minor children. Theselection shall be made by the spouse, if living, otherwise by the guardianof the minor children. In case any of the decedent's minor children are notliving with the surviving spouse, the court may make such division asthe court deems equitable.
59-403.Allowance to spouse andminor children.When a resident of the state dies, testate or intestate, the survivingspouse shall be allowed, for the benefit of such spouse and the decedent'sminor children during the period of their minority, from the personalor real property of which the decedent was possessed or to which thedecedent wasentitled at the time of death, the following:
(a) The wearing apparel, family library, pictures, musical instruments,furniture and household goods, utensils and implements used in the home,one automobile, and provisions and fuel on hand necessary for the supportof the spouse and minor children for one year.
(b) A reasonable allowance of not more than $50,000in money or other personal or real property at its appraised value in fullor partpayment thereof, with the exact amount of such allowance to be determined andordered by the court, after taking into account the condition of the estateof the decedent.
The property shall not be liable for the payment of any of decedent'sdebts or other demands against the decedent's estate, except liens thereonexisting at the time of the decedent's death. If there are no minorchildren, the property shall belong to the spouse; if there are minorchildren and no spouse, it shall belong to the minor children. Theselection shall be made by the spouse, if living, otherwise by the guardianof the minor children. In case any of the decedent's minor children are notliving with the surviving spouse, the court may make such division asthe court deems equitable.
