1-1-17. FAMILY ALLOWANCE.

The surviving spouse and minor children whom the decedent was obligated to support, and children who were in fact being supported by him, are entitled to a reasonable allowance in money out of the estate for their maintenance during the period the 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 in a lump sum of periodic installments.  It is payable to the surviving spouse, if living, for the use of the surviving spouse and minor and dependant children; otherwise to the children, or persons having their care and custody as their needs may appear.  The family allowance is exempt from and has priority over all claims except for the homestead allowance.  The family allowance is not chargeable against any benefit or share passing to the surviving spouse or children by the will of the decedent or by intestate succession.  The death of any person entitled to family allowance terminates his or her right to allowances not yet paid.