Family Protections

Question 1

Surviving Spouse’s Elective Share

Answer 1

Used to prevent the testator from disinheriting the spouse

Allows surviving spouse to elect a forced share against the estate

Question 2

Surviving Spouse’s Elective Share: Amount

Answer 2

Surviving spouse entitled to 1/2 of probate estate

Question 3

Surviving Spouse’s Elective Share: Timing

Answer 3

Must elect within 3 MONTHS of date admitting will to probate

Question 4

Surviving Spouse’s Elective Share: Manner of Making Election

Answer 4

Election must be:

(1) In WRITING; and
(2) SIGNED and ACKNOWLEDGED by surviving spouse

Question 5

Surviving Spouse’s Elective Share: Waiver

Answer 5

Surviving spouse may waive, but must be in writing to show informed consent

Question 6

Surviving Spouse’s Elective Share: Effect of Election

Answer 6

Surviving spouse generally deemed to have renounced all rights had under the will

Question 7

Spouse Omitted from Premarital Will

Answer 7

No statute to protect omitted spouse

Question 8

Omitted Children

Answer 8

If a child is left out of a testator’s will, Indiana presumes it was an accident

Child takes intestate share

Question 9

Rebutting Omitted Child Presumption

Answer 9

Presumption that child was omitted from will on accident can be overcome if:

(1) Omission intentional
(2) Testator already had a kid and gave the spouse substantially all
(3) Child believed to be dead

Question 10

Family Allowance Election

Answer 10

Testator’s family is entitled to take $25,000 as an allowance against the estate

Spouse can make this election

If no spouse, minor children can split the share