Legal Question in Wills and Trusts in Indiana

Indiana probate laws

A woman dies while married to second husband & has 2 kids with deceased first husband, has no will. What happens to estate? Does surviving spouse get everything or is it split between him and children?


Asked on 9/14/06, 12:12 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Indiana probate laws

A subsequent spouse who had no children with the decedent (or any spouse, for that matter, where the decedent is survived by any children) gets one half of the estate plus twenty-five thousand dollars. The remainder is divided among the decedent's children. The real question is what property is contained in the probate estate. Jointly held property and most insurance policies are not included.

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Answered on 9/14/06, 10:17 pm


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