reglab/housing_qa huggingface dataset:
IA Code § 633E.5 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT|Section 633E.5 - Power to disclaim — general requirements — when irrevocable.

633E.5 Power to disclaim — general requirements — when irrevocable.   1. A person may disclaim, in whole or in part, any interest in or power over property, including a power of appointment, whenever and however acquired. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.   2. Except to the extent a fiduciary’s right to disclaim is expressly restricted or limited by another statute of this state or by the instrument creating the fiduciary relationship, or a disclaimer by a fiduciary would be a breach of trust, a fiduciary may disclaim, in whole or in part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if the creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.   3. To be effective, a disclaimer must be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in section 633E.12. In this subsection, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.   4. A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.   5. A disclaimer becomes irrevocable when it is delivered or filed pursuant to section 633E.12 or when it becomes effective as provided in sections 633E.6 through 633E.11, whichever occurs later.   6. A disclaimer made under this chapter is not a transfer, assignment, or release.  2004 Acts, ch 1015, §12  C2005, §633.905  2005 Acts, ch 3, §106; 2005 Acts, ch 38, §52, 53, 55  CS2005, §633E.5  Referred to in §249A.3, 633.642
IA Code § 633E.6 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT|Section 633E.6 - Effect of disclaimer of interest in property.

633E.6 Effect of disclaimer of interest in property.   1. As used in this section:   a. “Future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.   b. “Time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment.   2. Except for a disclaimer governed by section 633E.7 or 633E.8, the following rules apply to a disclaimer of an interest in property:   a. The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or, if the interest arose under the law of intestate succession, as of the time of the intestate’s death.   b. The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.   c. If the instrument does not contain a provision described in paragraph “b”, the following rules shall apply:   (1) If the disclaimant is an individual, the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution.   (2) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.   d. Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant of the preceding interest is not accelerated in possession or enjoyment.   e. For purposes of this section, if an individual disclaims a future interest not held in trust, the disclaimed future interest passes as if that interest had been held in trust.  2004 Acts, ch 1015, §13  C2005, §633.906  2005 Acts, ch 38, §53, 55  CS2005, §633E.6  Referred to in §633E.5
IA Code § 633E.7 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT|Section 633E.7 - Disclaimer of rights of survivorship in jointly held property.

633E.7 Disclaimer of rights of survivorship in jointly held property.   1. Upon the death of a holder of jointly held property, either of the following may occur:   a. If, during the deceased holder’s lifetime, the deceased holder could have unilaterally regained a portion of the property attributable to the deceased holder’s contribution without the consent of any other holder, a surviving holder may disclaim, in whole or in part, a fractional share of that portion of the property attributable to the deceased holder’s contributions determined by dividing the number one by the number of joint holders alive immediately after the death of the holder to whose death the disclaimer relates.   b. For all other jointly held property, a surviving holder may disclaim, in whole or in part, a fraction of the whole of the property the numerator of which is one and the denominator of which is the product of the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates multiplied by the number of joint holders alive immediately after the death of the holder to whose death the disclaimer relates.   2. A disclaimer under subsection 1 takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.   3. An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.   4. A noncitizen spouse who is a surviving joint tenant of real property interests created after July 13, 1988, can disclaim the spouse’s interest to the full extent permitted under section 633E.4.  2004 Acts, ch 1015, §14  C2005, §633.907  2005 Acts, ch 38, §53  CS2005, §633E.7  2010 Acts, ch 1020, §2, 3  Referred to in §633E.5, 633E.6
IA Code § 633E.8 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT|Section 633E.8 - Disclaimer of interest by trustee.

633E.8 Disclaimer of interest by trustee.   If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.  2004 Acts, ch 1015, §15  C2005, §633.908  2005 Acts, ch 38, §53  CS2005, §633E.8  Referred to in §633E.5, 633E.6
IA Code § 633E.9 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT|Section 633E.9 - Disclaimer of power of appointment or other power not held in fiduciary capacity.

633E.9 Disclaimer of power of appointment or other power not held in fiduciary capacity.   If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules shall apply:   1. If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.   2. If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.   3. The instrument creating the power is construed as if the power expired when the disclaimer became effective.  2004 Acts, ch 1015, §16  C2005, §633.909  2005 Acts, ch 38, §53  CS2005, §633E.9  Referred to in §633E.5
IA Code § 633E.10 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT|Section 633E.10 - Disclaimer by appointee, object, or taker in default of exercise of power of appointment.

633E.10 Disclaimer by appointee, object, or taker in default of exercise of power of appointment.   1. For purposes of this section, all of the following rules shall apply:   a. An appointee is a person to whom a holder of a power has effectively appointed the property subject to the power.   b. An object of a power is a person to whom a holder of a power may appoint the property subject to the power sometime in the future.   c. A taker in default of the exercise of a power of appointment is a person designated by the person creating the power in the holder to take the property subject to the power if the power has not been effectively exercised.   2. A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.   3. A disclaimer of an interest in property by an object or taker in default of an exercise of a power of appointment takes effect as of the time the instrument creating the power becomes irrevocable.  2004 Acts, ch 1015, §17  C2005, §633.910  2005 Acts, ch 38, §53  CS2005, §633E.10  Referred to in §633E.5
IA Code § 633E.11 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT|Section 633E.11 - Disclaimer of power held in fiduciary capacity.

633E.11 Disclaimer of power held in fiduciary capacity.   1. If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.   2. If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.   3. A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.  2004 Acts, ch 1015, §18  C2005, §633.911  2005 Acts, ch 38, §53  CS2005, §633E.11  Referred to in §633E.5
IA Code § 633E.13 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT|Section 633E.13 - When disclaimer barred or limited.

633E.13 When disclaimer barred or limited.   1. A disclaimer is barred by a written waiver of the right to disclaim.   2. A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:   a. The disclaimant accepts the interest sought to be disclaimed.   b. The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so.   c. A judicial sale of the interest sought to be disclaimed occurs.   3. A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.   4. A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.   5. A disclaimer is barred or limited if so provided by law other than this chapter, except as provided in subsection 7.   6. A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred.   7. A disclaimer may be made at any time unless otherwise barred and any other law that would bar a disclaimer due to the passage of time shall not apply under this chapter.  2004 Acts, ch 1015, §20  C2005, §633.913  2005 Acts, ch 38, §52, 53  CS2005, §633E.13  2010 Acts, ch 1020, §4, 5  Referred to in §633E.4, 633E.16
IA Code § 633E.14 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT|Section 633E.14 - Chapter supplemented by other law.

633E.14 Chapter supplemented by other law.   1. Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.   2. This chapter does not limit any right of a person to disclaim an interest in or power over property under a statute other than this chapter.  2004 Acts, ch 1015, §21  C2005, §633.914  2005 Acts, ch 38, §52, 53  CS2005, §633E.14  2010 Acts, ch 1020, §6
IA Code § 633E.15 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT|Section 633E.15 - Medical assistance eligibility.

633E.15 Medical assistance eligibility.   A disclaimer of any property, interest, or right pursuant to the provisions of this chapter constitutes a transfer of assets for the purpose of determining eligibility for medical assistance under chapter 249A in an amount equal to the value of the property, interest, or right disclaimed.  2004 Acts, ch 1015, §22  C2005, §633.915  2005 Acts, ch 38, §52, 53  CS2005, §633E.15  Referred to in §633E.4
IA Code § 633E.16 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT|Section 633E.16 - Application to existing relationship.

633E.16 Application to existing relationship.   Except as otherwise provided in section 633E.13, an interest in or power over property existing on July 1, 2004, as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after July 1, 2004.  2004 Acts, ch 1015, §23  C2005, §633.916  2005 Acts, ch 38, §52, 53, 55  CS2005, §633E.16
IA Code § 633E.17 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633E - UNIFORM DISCLAIMER OF PROPERTY INTEREST ACT|Section 633E.17 - Severability.

633E.17 Severability.   If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or application of the chapter which can be given effect without the invalid provisions or application, and to this end, the provisions of the chapter are severable.  2004 Acts, ch 1015, §24  C2005, §633.917  2005 Acts, ch 38, §52, 53  CS2005, §633E.17
IA Code § 634.1 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 634 - PRIVATE FOUNDATIONS AND CHARITABLE TRUSTS|Section 634.1 - Applicability.

634.1 Applicability.   This chapter shall apply only to trusts which are private foundations as defined in section 509 of the Internal Revenue Code, charitable trusts as described in section 4947(a) (1) of the Internal Revenue Code, or split-interest trusts as described in section 4947(a) (2) of the Internal Revenue Code. With respect to any such trust created after December 31, 1969, this chapter shall apply from such trust’s creation. With respect to any such trust created before January 1, 1970, this chapter shall apply only to such trust’s federal taxable years beginning after December 31, 1971.  [C73, 75, 77, 79, 81, §634.1]
IA Code § 634.2 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 634 - PRIVATE FOUNDATIONS AND CHARITABLE TRUSTS|Section 634.2 - Statutory provisions as part of the trust.

634.2 Statutory provisions as part of the trust.   1. The trust instrument of each trust to which this chapter applies shall be deemed to contain provisions prohibiting the trustee from doing any of the following:   a. Engaging in any act of self-dealing, as defined in section 4941(d) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by section 4941(a) of the Internal Revenue Code.   b. Retaining any excess business holdings, as defined in section 4943(c) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by section 4943(a) of the Internal Revenue Code.   c. Making any investments which would jeopardize the carrying out of any of the exempt purposes of the trust, within the meaning of section 4944 of the Internal Revenue Code, so as to give rise to any liability for the tax imposed by section 4944(a) of the Internal Revenue Code.   d. Making any taxable expenditures, as defined in section 4945(d) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by section 4945(a) of the Internal Revenue Code.   2. However, this section shall not apply either to those split-interest trusts or to amounts thereof which are not subject to the prohibitions applicable to private foundations by reason of the provisions of section 4947 of the Internal Revenue Code.  [C73, 75, 77, 79, 81, §634.2]  2013 Acts, ch 90, §218  Referred to in §634.6
IA Code § 634.3 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 634 - PRIVATE FOUNDATIONS AND CHARITABLE TRUSTS|Section 634.3 - Distribution to avoid tax liability.

634.3 Distribution to avoid tax liability.   The trust instrument of each trust to which this chapter applies, except split-interest trusts, shall be deemed to contain a provision requiring the trustee to distribute for the purposes specified in the trust instrument for each taxable year of the trust amounts at least sufficient to avoid liability for the tax imposed by section 4942(a) of the Internal Revenue Code.  [C73, 75, 77, 79, 81, §634.3]  Referred to in §634.6
IA Code § 634.4 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 634 - PRIVATE FOUNDATIONS AND CHARITABLE TRUSTS|Section 634.4 - Limitations.

634.4 Limitations.   Nothing in this chapter shall impair the rights and powers of the courts or the attorney general of this state with respect to any trust.  [C73, 75, 77, 79, 81, §634.4]
IA Code § 634.5 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 634 - PRIVATE FOUNDATIONS AND CHARITABLE TRUSTS|Section 634.5 - Internal Revenue Code defined.

634.5 Internal Revenue Code defined.   All references to sections of the Internal Revenue Code mean the Internal Revenue Code as defined in section 422.3.  [C73, 75, 77, 79, 81, §634.5]  84 Acts, ch 1305, §41
IA Code § 634.6 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 634 - PRIVATE FOUNDATIONS AND CHARITABLE TRUSTS|Section 634.6 - Statutory exception in trust.

634.6 Statutory exception in trust.   Nothing in this chapter shall limit the power of a person who creates a trust after July 1, 1971, or the power of a person who has retained or has been granted the right to amend a trust created before July 1, 1971, to include a specific provision in the trust instrument or an amendment to the trust instrument as the case may be, which provides that some or all of the provisions of sections 634.2 and 634.3 shall have no application to such trust.  [C73, 75, 77, 79, 81, §634.6]
IA Code § 634.7 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 634 - PRIVATE FOUNDATIONS AND CHARITABLE TRUSTS|Section 634.7 - Public grants by private foundations or trusts.

634.7 Public grants by private foundations or trusts.   A grant, by a trust organized and funded prior to January 1, 1992, to which this chapter applies, to the state of Iowa, or a political subdivision, or agency of the state or political subdivision, for purposes of economic development, shall be regarded as a charitable contribution if made prior to January 1, 1994.  92 Acts, ch 1244, §48
IA Code § 634A.1 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 634A - SUPPLEMENTAL NEEDS TRUSTS FOR PERSONS WITH DISABILITIES|Section 634A.1 - Definitions.

634A.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. “Person with a disability” means a person to whom one of the following applies, prior to creation of a trust which otherwise qualifies as a supplemental needs trust for the person’s benefit:   a. Is considered to be a person with a disability under the disability criteria specified in Tit. II or Tit. XVI of the federal Social Security Act.   b. Has a physical or mental illness or condition which, in the expected natural course of the illness or condition, to a reasonable degree of medical certainty, is expected to continue for a continuous period of twelve months or more and substantially impairs the person’s ability to provide for the person’s care or custody.   2. “Supplemental needs trust” means an inter vivos or testamentary trust created for the benefit of a person with a disability and funded by a person other than the trust beneficiary or the beneficiary’s spouse, and which is declared to be a supplemental needs trust in the instrument creating the trust. “Supplemental needs trust” shall include, but is not limited to, a trust created for the benefit of a person with a disability and funded solely with moneys awarded as damages in a personal injury case or moneys received in the settlement of a personal injury case provided that the trust is created within six months of receiving the award or settlement, the trust is irrevocable, the beneficiary is not named a trustee of the trust, and the instrument creating the trust declares the trust to be a supplemental needs trust.  97 Acts, ch 112, §1; 2012 Acts, ch 1023, §84
IA Code § 635.1 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 635 - ADMINISTRATION OF SMALL ESTATES|Section 635.1 - When applicable.

635.1 When applicable.   When the gross value of the probate assets of a decedent subject to the jurisdiction of this state does not exceed two hundred thousand dollars, and upon a petition as provided in section 635.2 of an authorized petitioner in accordance with sections 633.227 and 633.228, or section 633.290, subsection 1, paragraph “a” or “b”, the clerk shall issue letters of appointment for administration to the proposed personal representative named in the petition, if qualified to serve pursuant to section 633.63 or upon court order pursuant to section 633.64. Unless otherwise provided in this chapter, the provisions of chapter 633 apply to an estate administered pursuant to this chapter.  [C75, 77, 79, 81, §635.1; 81 Acts, ch 199, §1; 82 Acts, ch 1204, §1 – 4]  89 Acts, ch 25, §1; 2007 Acts, ch 134, §21, 28; 2008 Acts, ch 1119, §34; 2013 Acts, ch 33, §8, 9  ; 2018 Acts, ch 1140, §2, 7, 10  Referred to in §635.2, 635.7, 635.8  2018 amendment takes effect July 1, 2020, and applies to estates of decedents dying on or after July 1, 2020; 2018 Acts, ch 1140, §7, 10  Section amended