Rule 5.407. Proceedings to Determine Family Allowance

(a)     Petition. An interested person may file a petition to determine family allowance.

(b)     Contents. The petition shall be verified by the petitioner and shall:

(1)     state the names and addresses of the decedent’s surviving spouse and the decedent’s adult lineal heirs and the initials, address, and year of birth of the decedents’ lineal heirs who are minors and who were being supported by the decedent or who were entitled to be supported by the decedent at the time of the decedent’s death; and

(2)     for each person for whom an allowance is sought, state the adult person’s name, or minor child’s initials, and relationship to the decedent, the basis on which the allowance is claimed, and the amount sought.

(c)     Order. The order shall identify the persons entitled to the allowance, the amount to which each is entitled, the method of payment, and to whom payment should be made.

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