Legal Question in Wills and Trusts in Indiana

Ind State law: If a spouse dies and there isn't a current updated will, does the other spouse automatically inhert, house, car, etc? Or does there need to be a current will?


Asked on 7/16/10, 10:25 am

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

"Current will" is a meaningless concept: either there is a will or there is not. If no will exists, the spouse gets 50% of the decedent's individual property, generally speaking. Jointly held survivorship property goes to the survivor separate from the spouse's share of the individual property.

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Answered on 7/17/10, 10:05 am


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