What is a surviving spouse’s right of election?
In Indiana, a surviving spouse’s right of election is the right of a spouse to claim a share of the estate of a deceased spouse, even if the deceased spouse’s will says otherwise. This right is meant to ensure that when a spouse dies, the surviving spouse is financially supported. If the deceased spouse has an estate, the surviving spouse may make an election to receive a certain percentage of the estate. In Indiana, the surviving spouse’s right of election applies to estates that are less than $100,000 in value. In this circumstance, the surviving spouse is entitled to 1/3 of the estate. If the estate is greater than $100,000, the surviving spouse is entitled to 1/2 of the estate. The surviving spouse also has the right to use any tangible property if the deceased spouse’s will does not specify otherwise. The right of election entitles the surviving spouse to claim a portion of the deceased spouse’s estate, regardless of what is stated in the will. To exercise the right of election, a surviving spouse must file a “Spousal Election Form” with the circuit court where the deceased spouse’s estate is being administered. The form must be filed within six months of the deceased spouse’s death. In Indiana, the right of election is an important protection for surviving spouses. It ensures that the spouse is supported financially and has access to the necessary tangible property.
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