I move that Engrossed Senate Bill 190 be amended to read as follows:
Page 5, between lines 30 and 31, begin a new paragraph and
insert:
SECTION 10. IC 29-1-2-1 IS AMENDED TO READ AS
FOLLOWS: [EFFECTIVE JULY 1, 2001]:
Sec. 1. (a) The net estate of
a person dying intestate shall descend and be distributed as provided in
this section.
(b) Except as otherwise provided in subsection (c), the surviving
spouse shall receive the following share:
(1) One-half (1/2) of the net estate if the intestate is
survived by at least one (1) child or by the issue of at
least one (1) deceased child.
(2) Three-fourths (3/4) of the net estate, if there is no
surviving issue, but the intestate is survived by one (1)
or both of the intestate's parents.
(3) All of the net estate, if there is no surviving issue or
parent.
(c) 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 him a child or children or the descendants of a
child or children by a previous spouse, such surviving second or
subsequent childless spouse shall take only the appraised value of
thirty-three percent (33%) a life estate in one-third (1/3) of the lands
of the deceased spouse, and the fee shall, at the decedent's death, vest at
once in such child or children, or the descendants of such as may be
dead, subject only to the life estate of the surviving spouse. Such second
or subsequent childless spouse shall, however, receive the same share of
the personal property of the decedent as is provided in subsection (b)
with respect to surviving spouses generally.
(d) The share of the net estate not distributable to the surviving
spouse, or the entire net estate if there is no surviving spouse, shall
descend and be distributed as follows:
(1) To the issue of the intestate, if they are all of the
same degree of kinship to the intestate, they shall take
equally; or if of unequal degree, then those of more
remote degrees shall take by representation.
(2) If there is a surviving spouse but no surviving issue
of the intestate, then to the surviving parents of the
intestate.
(3) If there is no surviving spouse or issue of the
intestate, then to the surviving parents, brothers, and
sisters, and the issue of deceased brothers and sisters of
the intestate. Each living parent of the intestate shall be
treated as of the same degree as a brother or sister and
shall be entitled to the same share as a brother or sister.
However, the share of each parent shall be not less than
one-fourth (1/4) of such net estate. Issue of deceased
brothers and sisters shall take by representation.
(4) If there is no surviving parent or brother or sister of
the intestate, then to the issue of brothers and sisters.
If such distributees are all in the same degree of kinship
to the intestate, they shall take equally or, if of unequal
degree, then those of more remote degrees shall take
by representation.
(5) If there is no surviving issue, or parent of the
intestate, or issue
of a parent, then to the surviving
grandparents of the intestate equally.
(6) If there is no surviving issue, or parent, or issue of
a parent, or grandparent of the intestate, then the estate
of the decedent shall be divided into that number of
shares equal to the sum of:
(A) the number of brothers and sisters of the
decedent's parents surviving the decedent; plus
(B) the number of deceased brothers and sisters
of the decedent's parents leaving issue
surviving both them and the decedent; and
one (1) of the shares shall pass to each of the brothers
and sisters of the decedent's parents, or heir respective
issue, per stirpes.
(7) If interests in real estate go to a husband and wife
under this subsection, the aggregate interests so
descending shall be owned by them as tenants by the
entireties. Interests in personal property so descending
shall be owned as tenants in common.
(8) If there is no person mentioned in subdivisions (1)
through (7), then to the state.
SECTION 11. IC 29-1-3-1 IS AMENDED TO READ AS
FOLLOWS: [EFFECTIVE JULY 1, 2001]:
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 the appraised
value of thirty-three percent (33%)
a life estate in one-third (1/3) of
the lands 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.
SECTION 12. IC 29-1-3-4 IS AMENDED TO READ AS
FOLLOWS: [EFFECTIVE JULY 1, 2001]:
Sec. 4. 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.
Page 21, line 4, delete "legal and factual" and insert " reason".
Page 21, line 5, delete "basis for asserting"
Renumber all SECTIONS consecutively.
(Reference is to ESB as printed March 22, 2001.)