The Elective Share Statute in Indiana

Pursuant to the Indiana Law, making it through partners have legal rights to renounce their inheritances in favor of their statutory optional shares. Based on the Uniform Probate Code, the Indiana Law contains an optional share allowance whereby one spouse can not totally disinherit the other in the lack of a legitimate nuptial or marital contract.

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

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