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IN RE ESTATE OF HANNEBAUM

No. 81A05-1301-ES-17.

999 N.E.2d 972 (2013)

In the Matter of the ESTATE OF Stephen T. HANNEBAUM, Deceased, Renada Fay Hannebaum, Appellant, v. Mary Rebecca Hannebaum and Stephen T. Hannebaum, II, as Personal Representatives of Estate of Stephen T. Hannebaum, Appellees.

Court of Appeals of Indiana.

December 19, 2013.

Attorney(s) appearing for the Case

J. Clayton Miller , Jordan Law, LLC, Richmond, IN, Attorney for Appellant.

Jamie H. Harvey , Smith Harvey Law Office, Connersville, IN, Attorney for Appellees.

OPINION

SHEPARD, Senior Judge.

Under Indiana's probate law, a spouse who has voluntarily left the marital residence and engaged in an adulterous relationship is barred from inheritance by intestacy. In this case, the issue is what evidence suffices to invoke this disqualification.

FACTS AND PROCEDURAL HISTORY

Stephen T. Hannebaum and Renada Fay Hannebaum were married in June 2002. On August 1, 2007, Renada moved out of the marital...

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