Does my new spouse have rights to my estate? I’d like to leave everything to my children from a prior marriage. by Janell M. Sprinkle

If you are married at the time of your death, then yes, your spouse has certain rights to your estate. First, Indiana law automatically grants your spouse a survivor’s allowance. Currently, this allowance amount is $25,000.  In addition, your spouse is given an option to either accept the benefits provided for him or her in your Will, or to renounce those benefits and take a percentage of your estate. The percentage is set by Indiana law and depends on your family structure, including whether you and your current spouse have joint children.  

These spousal rights take precedence over the terms stated in your Will. Other documents, such as a divorce decree or a prenuptial agreement, can also take precedence over your Will. 

If you have concerns as to the percentage, or dollar amount that will be directed away from your children, you should discuss this matter in more detail with a trust and estate attorney.