The Elective Share Statute in Indiana

Pursuant to the Indiana Law, surviving partners have legal rights to renounce their inheritances in favor of their statutory optional shares. Based upon the Uniform Probate Code, the Indiana Law includes an optional share allowance where one spouse can not entirely disinherit the other in the lack of a valid nuptial or marital contract.

Thus, if you are an Indiana resident, and you are the making it through spouse without an inheritance under your departed partner’s Will, you will get an optional share of property if you exercise your statutory elective share rights.
If your partner left you a little inheritance in his/her Will, you can disclaim or renounce your inheritance in favor of your statutory optional share. The Indiana Law provides for a statutory one-half share of the deceased partner’s net estate in favor of an enduring spouse’s optional share. The Indiana Law restricts the statutory 50 percent share to specific spouses. If you are an enduring partner, but your deceased partner was previously wed, you will get a smaller statutory share if you did not have children with your departed spouse. In this case, an enduring spouse who did not have kids with her/his departed spouse receives just one-third of his/her individual estate and a quarter of his/her genuine estate if her/his husband/wife had kids who endure him/her.

To workout your statutory optional share and to renounce your inherited share, you should do so within a strict time frame under Indiana law. Indiana law requires you to exercise your elective share rights within 10 days of the time that other people can submit claims to the decedent’s estate. Usually, the time limit is within 3 months after publication of the administrator’s appointment within a paper of basic blood circulation.