|
| If the estate is otherwise sufficient, property specifically |
| devised is not used to satisfy rights to homestead and exempt |
| property. Subject to this restriction, the surviving spouse, the |
| guardians of the minor children, or children who are adults may |
| select property of the estate as homestead allowance and exempt |
| property. The personal representative may make these selections if |
| the surviving spouse, the children or the guardians of the minor |
| children are unable or fail to do so within a reasonable time or if |
| there are no guardians of the minor children. The personal |
| representative may execute an instrument or deed of distribution to |
| establish the ownership of property taken as homestead allowance or |
exempt property. He |
| family allowance in a lump sum not exceeding $6,000 or periodic |
installments not exceeding $500 |
| may disburse funds of the estate in payment of the family allowance |
| and any part of the homestead allowance payable in cash. The |
| personal representative or any interested person aggrieved by any |
selection, determination, payment, proposed payment, |
| act under this section may petition the court for appropriate |
| relief, which relief may provide a family allowance larger or |
| smaller than that which the personal representative determined or |
| could have determined. |
