The Law Offices of Robert J. Delaney

 

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The following charts show the basis for the division and distribution of property, as set forth in the Indiana Probate Code, in all cases in which residents of Indiana or persons owning real estate in Indiana die without leaving a will.

 

Married Man or Woman With Children And/Or Descendants of Children

 

Wife or Husband, One-Half

If this is second childless husband or wife One-Half, and the child or descendant survives from decedents' previous marriage, surviving spouse's share in real estate is One-Fourth. Personal property share is same as all surviving spouses.

Children or their descendants, One-Half, divided equally.

Grandchildren take only their deceased parent's share. However, if no child survives, grandchildren take equally.

 

Married Man or Woman With One Child Or Descendants Of One Child Only

 

Wife or husband, One-Half. If this is a second childless husband or wife, and child or descendant survives from decedent's previous marriage, surviving spouse's share in real estate is One-Third for life only.

Child or their descendants, One-Half.

Note: In all cases a surviving spouse and minor children take certain rights in homestead. A surviving wife, in addition, also takes $25,000 prior to division.

These are your heirs if you make no will.

 

 

Married Man or Woman Without Child, Children or Descendants

Survived by Parent or Parents:

Wife or Husband, Three-Fourths.

Parents, One-Fourth divided equally or to survivor. If no parent survives, all to wife or husband.

 

Widow or Widower with Child, Children or Descendants

 

All to child or children and descendants. Grandchildren take only their deceased parent's share. However, if no child survives, grandchildren take equally.

 

LAW OFFICES OF

WILLIAMS DELANEY & SIMIKIN

48 SOUTH 7TH STREET

RICHMOND, IN 47374

TEL: (765) 966-1558

The persons who would receive your property, after debts, expenses and family allotments are paid, and their respective shares in your property, if you leave no will, are fixed by the provisions of the Probate Code, and are shown in the particular chart given below which depicts your present family status.

 

Unmarried Man, Woman, Widow, or Widower Without Child, Children, or Descendants

 

If Parents, Brothers, or Sisters Survives:

All to parent or parents. Brothers and sisters, and their descendants equally.

The share of each parent shall not be less than One-Fourth. Descendants of brothers and sisters take only their deceased parent's share.

 

If no parents, brothers or sisters survive:

All to nieces and nephews, and their descendants equally. Descendants of deceased nieces or nephews take only their deceased parent's share.

 

If no parents, brothers, sisters, nieces or nephews or their descendants survive:

All to the surviving grandparents, equally, or if none, then to their descendants who are in the nearest degree of kinship to you.

 

IF NONE OF THE ABOVE SURVIVE YOU:

ALL TO THE STATE OF INDIANA

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