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SOLUTION
TO PUZZLE USING INDIANA LAW
Winston left no spouse, brothers, sisters,
nephews or nieces, so his Estate is distributed according to Indiana statute 29-1-2-1 which reads as follows:
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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 their respective issue, per
stirpes. |
Part A
is not too difficult to understand.
A brother of Winston’s parent would be his uncle.
A sister of Winston’s parent would be his aunt.
Aunt Susie on his mother’s side is certainly entitled to a
share. Her children (Ramona and Abigail) would have inherited a share if
Aunt Susie died before Winston, but as it is they inherit nothing.
Part B
of the statute takes a bit of thinking.
A deceased brother or sister of the decedent’s parents is a
deceased aunt or uncle. If
that deceased aunt or uncle leaves issue (i.e. lineal descendants), then
that child inherits a share. Elvis
is a second cousin, that means he is a lineal descendant of an Aunt or
Uncle on Winston’s father’s side:
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MATERNAL GRANDPARENTS |
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PATERNAL GRANDPARENTS
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| WINSTON'S
MOTHER (deceased)
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AUNT
SUSIE |
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WINSTON’S
FATHER (deceased) |
AUNT
(OR UNCLE) (deceased) |
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WINSTON’S
FIRST COUSIN (deceased)
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ELVIS
(WINSTON’S SECOND COUSIN)
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ANSWER: Aunt Susie
gets $50,000 and Elvis gets $50,000.
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