Can I disinherit my spouse or child in Indiana?

1. Spousal Disinheritance. Indiana is a separate-property state. Under Ind. Code § 29-1-3-1, a surviving spouse may elect against the will and take one-half of the net personal and real estate if the decedent left no descendants, or one-third of the net estate if the decedent left descendants. Special rules apply for a second or subsequent marriage where the spouse has children from a prior marriage, limiting the elective share to one-third of the personal property and a life estate in one-third of the real property (Ind. Code § 29-1-3-1(b)).

2. Augmented Estate. Indiana has not adopted the UPC augmented-estate concept; the election applies primarily to the probate estate.

3. Elective Share Procedure. The election must be filed within three months after the will is admitted to probate or, if the spouse is under a disability, within three months after the removal of the disability, under Ind. Code § 29-1-3-2.

4. Pretermitted Child. Under Ind. Code § 29-1-3-8, a child born or adopted after the will and not provided for receives an intestate share unless the omission was intentional.

5. Intentional Disinheritance of Child. Adult and known children may be entirely disinherited; no forced heirship.

6. Louisiana Forced Heirship. Does not apply in Indiana.

7. Prenuptial / Postnuptial Waiver. Indiana enforces premarital agreements under common law and Rider v. Rider, 669 N.E.2d 160 (Ind. 1996), requiring voluntary signing, full disclosure, and basic fairness.

8. Homestead, Family Allowance, Exempt Property. Surviving spouse's allowance of $25,000 under Ind. Code § 29-1-4-1, regardless of will provisions.

9. Will Contest Grounds. Lack of capacity, undue influence, fraud, or improper execution; contest filed within three months of probate under Ind. Code § 29-1-7-17.

This is legal information, not legal advice.