Pursuant to the Indiana Law, enduring spouses have legal rights to renounce their inheritances in favor of their statutory elective shares. Based on the Uniform Probate Code, the Indiana Law contains an elective share allowance where one spouse can not totally disinherit the other in the lack of a legitimate nuptial or marital arrangement.
Hence, if you are an Indiana citizen, and you are the surviving partner 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 small inheritance in his/her Will, you can disclaim or renounce your inheritance in favor of your statutory optional share. The Indiana Law offers for a statutory half share of the departed spouse’s net estate in favor of an enduring spouse’s elective share. The Indiana Law limits the statutory 50 percent share to certain spouses. If you are an enduring spouse, but your departed partner was previously wed, you will get a smaller statutory share if you did not have kids with your departed partner. In this case, an enduring partner who did not have children with her/his deceased spouse receives only one-third of his/her individual estate and a quarter of his/her real estate if her/his husband/wife had children who survive him/her.
To workout your statutory elective share and to renounce your inherited share, you must do so within a rigorous time frame under Indiana law. Indiana law requires you to exercise your optional share rights within 10 days of the time that other individuals can submit claims to the decedent’s estate. Generally, the time limit is within 3 months after publication of the administrator’s appointment within a newspaper of general flow.