Is the surviving spouse always entitled to a share of the estate?

In Indiana, the surviving spouse is often entitled to a share of the estate when the deceased did not create a will. This is because Indiana has a law called intestate succession that determines how property is distributed in the absence of a will. In general, the surviving spouse is first in line to receive any assets left by the deceased. Under intestate succession law, the surviving spouse is generally entitled to the entire estate if there are no surviving children, siblings or other relatives. If there are surviving relatives, the surviving spouse is usually entitled to the first $20,000 of the estate plus half of the remainder of the estate. However, if the deceased was survived by children who are not the children of the surviving spouse, the surviving spouse is entitled to three-fourths of the estate. For example, if the deceased had a surviving spouse and one child, the surviving spouse would receive the first $20,000 of the estate plus half of the remainder. If there were two children, but neither were the children of the surviving spouse, the surviving spouse would be entitled to three-fourths of the estate. It is important to note that if the deceased left a valid will, the terms of the will supersede the rules of intestate succession, so the surviving spouse may not be entitled to a share of the estate. Therefore, it is important to consult a qualified legal professional if the deceased did not leave a will.

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Is the surviving spouse always entitled to a share of the estate?

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