Detailed Answer
Under Indiana law, you cannot elect to take a life estate in an intestate estate as your share. Indiana Code Title 29, Article 1, Chapter 2 (“Intestate Succession”) defines how courts distribute property when a person dies without a will. The statute identifies heirs and allocates the decedent’s assets according to a fixed formula. It does not include an option to choose a life estate in lieu of your statutory share.
The only statutory life estate available to a surviving spouse is the homestead allowance. Under Indiana Code Title 29, Article 1, Chapter 3, the court may set aside the decedent’s primary residence to the surviving spouse as a life estate. This allowance lets the spouse occupy the home but does not replace the intestate share in other property.
To summarize:
- IC §29-1-2-1 et seq. lays out intestate succession rules and contains no life estate election for general assets. See IC 29-1-2.
- IC §29-1-3-1 authorizes a homestead allowance, granting the surviving spouse a life estate in the primary residence. See IC 29-1-3.
- The homestead life estate applies only to the family home and does not affect your share in other assets.
- You may negotiate a life estate interest by agreement with co-heirs, but Indiana law does not provide a unilateral election right for intestate shares.
Next Steps
- Identify the decedent’s primary residence and all estate assets.
- Calculate your intestate share under IC 29-1-2 formulas.
- If you are a surviving spouse, consider requesting the homestead allowance under IC 29-1-3.
- Discuss a life estate agreement with other heirs if you want exclusive rights in specific property.
- Consult a probate attorney to protect your rights and comply with court procedures.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance on your situation.