reglab/housing_qa huggingface dataset:
IN Code § 29-1-3-1 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs|29-1-3-1. Limitations and Conditions

Sec. 1. (a) When a married individual dies testate as to any part of the individual's estate, the surviving spouse is entitled to take against the will under the limitations and conditions stated in this chapter. The surviving spouse, upon electing to take against the will, is entitled to one-half (1/2) of the net personal and real estate of the testator. However, if the surviving spouse is a second or other subsequent spouse who did not at any time have children by the decedent and the decedent left surviving a child or children or the descendants of a child or children by a previous spouse, the surviving second or subsequent childless spouse shall upon such election take one-third (1/3) of the net personal estate of the testator plus an amount equal to twenty-five percent (25%) of the remainder of:(1) the fair market value as of the date of death of the real property of the testator; minus(2) the value of the liens and encumbrances on the real property of the testator.In determining the net estate of a deceased spouse for the purpose of computing the amount due the surviving spouse electing to take against the will, the court shall consider only such property as would have passed under the laws of descent and distribution.(b) When the value of the property given the surviving spouse under the will is less than the amount the surviving spouse would receive by electing to take against the will, the surviving spouse may elect to retain any or all specific bequests or devises given to the surviving spouse in the will at their fair market value as of the time of the decedent's death and receive the balance due in cash or property.(c) Except as provided in subsection (b), in electing to take against the will, the surviving spouse is deemed to renounce all rights and interest of every kind and character in the personal and real property of the deceased spouse, and to accept the elected award in lieu thereof.(d) When a surviving spouse elects to take against the will, the surviving spouse shall be deemed to take by descent, as a modified share, the part of the net estate as does not come to the surviving spouse by the terms of the will. Where by virtue of an election pursuant to this chapter it is determined that the surviving spouse has renounced the surviving spouse's rights in any devise, either in trust or otherwise, the will shall be construed with respect to the property so devised to the surviving spouse as if the surviving spouse had predeceased the testator.Formerly: Acts 1953, c.112, s.301. As amended by Acts 1982, P.L.171, SEC.14; P.L.168-1988, SEC.1; P.L.176-2003, SEC.4; P.L.61-2006, SEC.2.
IN Code § 29-1-3-2 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs|29-1-3-2. Time

Sec. 2. (a) Except as provided in subsection (b), the election by a surviving spouse to take the share hereinbefore provided must be made not later than three (3) months after the date of the order admitting to probate the will against which the election is made.(b) If, at the expiration of such period for making the election, litigation is pending to test the validity or determine the effect or construction of the will or to determine the existence of issue surviving the deceased, or to determine any other matter of law or fact which would affect the amount of the share to be received by the surviving spouse, the right of such surviving spouse to make an election shall not be barred until the expiration of thirty (30) days after the final determination of the litigation.Formerly: Acts 1953, c.112, s.302. As amended by P.L.238-2005, SEC.7.
IN Code § 29-1-3-3 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs|29-1-3-3. Forms; Recording; Service

Sec. 3. (a) The election to take the share hereinbefore provided shall be in writing, signed and acknowledged by the surviving spouse or by the guardian of his estate and shall be filed in the office of the clerk of the court. It may be in the following form:I, A.B., surviving wife (or husband) of C.D., late of the county of ____________ and state of _______, do hereby elect to take my legal share in the estate of the said C.D. and I do hereby renounce provisions in the will of the said C.D. inconsistent herewith.Signed,(Signature)(Acknowledgment)(b) Said election shall be recorded by such clerk in the record of wills, marginal reference being made from such record to the book and page in which such will is recorded, and from the record of such will to the book and page where such election is recorded.(c) The clerk shall cause a copy of said election to be served upon the personal representative and his attorney of record by United States mail addressed to such persons at their respective addresses as shown by the petition for probate of will and appointment of personal representative.Formerly: Acts 1953, c.112, s.303; Acts 1969, c.67, s.1; Acts 1975, P.L.288, SEC.2.
IN Code § 29-1-3-4 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs|29-1-3-4. Personal Right; Election by Attorney in Fact or Guardian

Sec. 4. (a) Except as provided in subsection (b), the right of election of the surviving spouse is personal to the spouse. It is not transferable and cannot be exercised subsequent to the spouse's death. A person with a valid power of attorney for the surviving spouse may elect for the spouse if the power of attorney has general authority with respect to estates as provided in IC 30-5-5-15(a)(4). If the surviving spouse is a protected person, the court may order the guardian of the spouse's estate to elect for the spouse.(b) The spousal election may be exercised subsequent to the spouse's death under the following circumstances:(1) The surviving spouse died before the election could be made.(2) The election is being made to recover Medicaid benefits that were paid on behalf of the deceased surviving spouse.The office of Medicaid policy and planning may exercise the right of election under this subsection. The spousal election is only enforceable up to the amount of Medicaid benefits that were received and the amount may only be distributed to the office of Medicaid policy and planning.Formerly: Acts 1953, c.112, s.304. As amended by P.L.33-1989, SEC.35; P.L.252-2001, SEC.10; P.L.246-2005, SEC.213.
IN Code § 29-1-3-5 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs|29-1-3-5. Binding Effect; Change

Sec. 5. An election by or on behalf of a surviving spouse to take the share provided in section 1 of this chapter once made shall be binding and shall not be subject to change except for such causes as would justify an equitable decree for the recission of a deed.Formerly: Acts 1953, c.112, s.305. As amended by Acts 1982, P.L.171, SEC.15.
IN Code § 29-1-3-6 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs|29-1-3-6. Waiver of Right

Sec. 6. (a) The right of election of a surviving spouse given under section 1 of this chapter may be waived before or after marriage by a written contract, agreement signed by the party waiving the right of election, after full disclosure of the nature and extent of such right, if the thing or the promise given such party is a fair consideration under all the circumstances.(b) The promise of marriage, in the absence of fraud, is sufficient consideration in the case of an agreement made before marriage. An agreement waiving a right of election may be filed in the same manner as provided for the filing of an election under section 3 of this chapter.Formerly: Acts 1953, c.112, s.306. As amended by P.L.283-1987, SEC.3.
IN Code § 29-1-3-7 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs|29-1-3-7. Failure to Elect; Intestate Succession

Sec. 7. When a surviving spouse makes no election to take against the will, he shall receive the benefit of all provisions in his favor in the will, if any, and shall share as heir, in accordance with IC 29-1-2-1, in any estate undisposed of by the will. The surviving spouse is not entitled to take any share against the will by virtue of the fact that the testator made no provisions for him therein, except as he shall elect pursuant to IC 29-1. By taking under the will or consenting thereto, he does not waive his right to the allowance, unless it clearly appears from the will that the provision therein made for him was intended to be in lieu of that right.Formerly: Acts 1953, c.112, s.307. As amended by Acts 1977, P.L.296, SEC.1; P.L.176-2003, SEC.5.
IN Code § 29-1-3-8 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs|29-1-3-8. Afterborn or Adopted Children; Omitted Heirs

Sec. 8. (a) When a testator fails to provide a will for any of the testator's children born or adopted after the making of the testator's last will, such child, whether born before or after the testator's death, shall receive a share in the estate of the testator equal in value to that which the child would have received if the testator had died intestate, unless it appears from the will that such omission was intentional, or unless:(1) when the will was executed the testator had one (1) or more children known to the testator to be living; and(2) the testator devised substantially all of the testator's estate to the spouse who survives the testator's death.(b) If, at the time of the making of the testator's will, the testator believes any of the testator's children to be dead, and fails to provide for such child in the testator's will, the child shall receive a share in the estate of the testator equal in value to that which the child would have received if the testator had died intestate, unless it appears from the will or from other evidence that the testator would not have devised anything to such child had the testator known that the child was alive.Formerly: Acts 1953, c.112, s.308. As amended by P.L.231-2019, SEC.6.
IN Code § 29-1-4-0.1 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 4. Surviving Spouse and Family Allowances|29-1-4-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:(1) The amendments made to section 1 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.(2) The amendments made to section 1 of this chapter by P.L.252-2001 apply to the estate of an individual who dies after June 30, 2001.As added by P.L.220-2011, SEC.468.
IN Code § 29-1-4-1 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 4. Surviving Spouse and Family Allowances|29-1-4-1. Surviving Spouse and Family Allowances

Sec. 1. (a) The surviving spouse of a decedent who was domiciled in Indiana at the decedent's death is entitled from the estate to an allowance of twenty-five thousand dollars ($25,000). If there is no surviving spouse, the decedent's children who are under eighteen (18) years of age at the time of the decedent's death are entitled to the same allowance to be divided equally among them.(b) The allowance under subsection (a) may be claimed against:(1) the personal property of the decedent's estate;(2) the real property that is part of the decedent's estate; or(3) a combination of personal property under subdivision (1) and real property under subdivision (2).(c) Not later than ninety (90) days after the order commencing the estate administration, an individual entitled to the allowance may file with the court an election specifying whether the allowance is being claimed under subsection (b) against the personal property of the estate or the real property that is part of the estate, or a combination of both. An interested party may file an objection to the manner in which the allowance is being claimed not later than thirty (30) days after the date the election is filed with the court. The court shall rule on the objection after notice and a hearing. If an election is not filed within ninety (90) days after the order commencing the estate administration, the allowance must be satisfied according to the following order of preference:(1) From the intangible personal property of the estate.(2) From the tangible personal property of the estate.(3) From the real property that is part of the estate.(d) If the personal property of the estate is less than twenty-five thousand dollars ($25,000) in value, the spouse or decedent's children who are under eighteen (18) years of age at the time of the decedent's death, as the case may be, are entitled to any real estate of the estate to the extent necessary to make up the difference between the value of the personal property and twenty-five thousand dollars ($25,000). The amount of that difference is a lien on the real estate. However, no real estate may be sold to satisfy the survivor's allowance unless the sale is approved:(1) in an agreement signed by all interested persons; or(2) by court order following notice to all interested persons.(e) An allowance under this section is not chargeable against the distributive shares of either the surviving spouse or the children.(f) For purposes of this section, the value of the real property that is part of a decedent's estate must be determined as of the date of the decedent's death.Formerly: Acts 1953, c.112, s.401; Acts 1973, P.L.287, SEC.2; Acts 1975, P.L.288, SEC.3. As amended by Acts 1978, P.L.132, SEC.1; P.L.118-1997, SEC.11; P.L.42-1998, SEC.1; P.L.252-2001, SEC.11; P.L.143-2009, SEC.9.
IN Code § 29-1-5-1 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 5. Execution and Revocation of Wills|29-1-5-1. Sound Mind; Age; Armed Forces

Sec. 1. Any person of sound mind who is eighteen (18) years of age or older, or who is younger and a member of the armed forces, or of the merchant marine of the United States, or its allies, may make a will.Formerly: Acts 1953, c.112, s.501; Acts 1971, P.L.404, SEC.1.
IN Code § 29-1-5-2 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 5. Execution and Revocation of Wills|29-1-5-2. Writing; Witnesses

Sec. 2. (a) All wills except nuncupative wills shall be executed in writing.(b) Any person competent at the time of attestation to be a witness generally in this state may act as an attesting witness to the execution of a will and his subsequent incompetency shall not prevent the probate thereof.(c) If any person shall be a subscribing witness to the execution of any will in which any interest is passed to him, and such will cannot be proved without his testimony or proof of his signature thereto as a witness, such will shall be void only as to him and persons claiming under him, and he shall be compelled to testify respecting the execution of such will as if no such interest had been passed to him; but if he would have been entitled to a distributive share of the testator's estate except for such will, then so much of said estate as said witness would have been thus entitled to, not exceeding the value of such interest passed to him by such will, shall be saved to him.(d) No attesting witness is interested unless the will gives to him some personal and beneficial interest. The fact that a person is named in the will as executor, trustee, or guardian, or as counsel for the estate, personal representative, trustee or guardian does not make him an interested person.Formerly: Acts 1953, c.112, s.502.
IN Code § 29-1-5-3.1 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 5. Execution and Revocation of Wills|29-1-5-3.1. Self-Proving Clause

Sec. 3.1. (a) This section applies to a will executed before, on, or after July 1, 2003. When a will is executed, the will may be:(1) attested; and(2) made self-proving;by incorporating into or attaching to the will a self-proving clause that meets the requirements of subsection (c) or (d). If the testator and witnesses sign a self-proving clause that meets the requirements of subsection (c) or (d) at the time the will is executed, no other signatures of the testator and witnesses are required for the will to be validly executed and self-proved.(b) If a will is executed by the signatures of the testator and witnesses on an attestation clause under section 3(b) of this chapter, the will may be made self-proving at a later date by attaching to the will a self-proving clause signed by the testator and witnesses that meets the requirements of subsection (c) or (d).(c) A self-proving clause must contain the acknowledgment of the will by the testator and the statements of the witnesses, each made under the laws of Indiana and evidenced by the signatures of the testator and witnesses (which may be made under the penalties for perjury) attached or annexed to the will in form and content substantially as follows:We, the undersigned testator and the undersigned witnesses, respectively, whose names are signed to the attached or foregoing instrument declare:(1) that the testator executed the instrument as the testator's will;(2) that, in the presence of both witnesses, the testator signed or acknowledged the signature already made or directed another to sign for the testator in the testator's presence;(3) that the testator executed the will as a free and voluntary act for the purposes expressed in it;(4) that each of the witnesses, in the presence of the testator and of each other, signed the will as a witness;(5) that the testator was of sound mind when the will was executed; and(6) that to the best knowledge of each of the witnesses the testator was, at the time the will was executed, at least eighteen (18) years of age or was a member of the armed forces or of the merchant marine of the United States or its allies.
IN Code § 29-1-5-3.2 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 5. Execution and Revocation of Wills|29-1-5-3.2. Video

Sec. 3.2. Subject to the applicable Indiana Rules of Trial Procedure and the Indiana Rules of Evidence, a video recording, one (1) or more photographs, or an audio recording made or captured during part or all of a will's execution may be admissible as evidence of the following:(1) The proper execution of a will.(2) The intentions of a testator.(3) The mental state or capacity of a testator.(4) The authenticity of a will.(5) Matters that are determined by a court to be relevant to the probate of a will.As added by P.L.4-2003, SEC.3. Amended by P.L.185-2021, SEC.4.
IN Code § 29-1-5-3.3 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 5. Execution and Revocation of Wills|29-1-5-3.3. Certain Wills Executed in Reliance on Supreme Court Order

Sec. 3.3. (a) This section applies to a will that is signed and witnessed:(1) on or after March 31, 2020;(2) before January 1, 2021; and(3) in reliance on the Indiana supreme court's order signed and filed on March 31, 2020, under case number 20S-MS-237, or, as supplemented or extended by the supreme court's order signed and filed on May 1, 2020, under case number 20S-MS-237, and by the supreme court's orders signed and filed on May 29, 2020, and November 10, 2020, under case number 20S-CB-123.(b) Notwithstanding any other law or provision, a will described in subsection (a) that was signed and witnessed in compliance with:(1) the procedures and requirements set forth in the Indiana supreme court's order signed and filed on March 31, 2020, under case number 20S-MS-237, or, as supplemented or extended by the supreme court's order signed and filed on May 1, 2020, under case number 20S-MS-237 and by the supreme court's order signed and filed on November 10, 2020, under case number 20S-CB-123; or(2) the procedures and requirements set forth in section 3.1 of this chapter or IC 29-1-21-4;is not required to be reexecuted or reratified by the testator or the witnesses in compliance with the witnessing procedures specified under section 3 or 3.1 of this chapter as those chapters existed on June 30, 2020.(c) A proponent who offers a will for probate may demonstrate prima facie compliance with subsection (b) by relying on the contents of a self-proving clause or by describing compliance in a verified petition under IC 29-1-7-4. A person contesting the validity of a will described in subsection (a) has the burden of proving noncompliance with subsection (b).As added by P.L.185-2021, SEC.5.
IN Code § 29-1-5-4 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 5. Execution and Revocation of Wills|29-1-5-4. Nuncupative Will; Requisites; Limitations

Sec. 4. (a) A nuncupative will may be made only by a person in imminent peril of death, whether from illness or otherwise, and shall be valid only if the testator died as a result of the impending peril, and must be(1) Declared to be his will by the testator before two (2) disinterested witnesses;(2) Reduced to writing by or under the direction of one (1) of the witnesses within thirty (30) days after such declaration; and(3) Submitted for probate within six (6) months after the death of the testator.(b) The nuncupative will may dispose of personal property only and to an aggregate value not exceeding one thousand ($1,000) dollars, except that in the case of persons in active military, air or naval service in time of war the aggregate amount may be ten thousand ($10,000) dollars.(c) A nuncupative will does not revoke an existing written will. Such written will is changed only to the extent necessary to give effect to the nuncupative will.Formerly: Acts 1953, c.112, s.504.
IN Code § 29-1-5-5 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 5. Execution and Revocation of Wills|29-1-5-5. Compliance With Law

Sec. 5. A will is legally executed if the manner of its execution complies with the law, in force either at the time of execution or at the time of the testator's death, of:(1) this state;(2) the jurisdiction that the testator is actually present in at the time the testator executes the will; or(3) the domicile of the testator at the time of execution or at the time of his death.Formerly: Acts 1953, c.112, s.505. As amended by P.L.40-2018, SEC.1.
IN Code § 29-1-5-6 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 5. Execution and Revocation of Wills|29-1-5-6. Revocation; Revival

Sec. 6. No will in writing, nor any part thereof, except as in this article provided, shall be revoked, unless the testator, or some other person in his presence and by his direction, with intent to revoke, shall destroy or mutilate the same; or such testator shall execute other writing for that purpose, signed, subscribed and attested as required in section 3 or 3.1 of this chapter. A will can be revoked in part only by the execution of a writing as herein provided. And if, after the making of any will, the testator shall execute a second, a revocation of the second shall not revive the first will, unless it shall appear by the terms of such revocation to have been his intent to revive it, or, unless, after such revocation, he shall duly republish the previous will.Formerly: Acts 1953, c.112, s.506. As amended by Acts 1982, P.L.171, SEC.16; P.L.4-2003, SEC.4.
IN Code § 29-1-5-7 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 5. Execution and Revocation of Wills|29-1-5-7. Nuncupative Will; Revocation

Sec. 7. A nuncupative will or any part thereof can be revoked by another nuncupative will.Formerly: Acts 1953, c.112, s.507.