Ind. Code » Title 29
Indiana Code

Ind. Code § 29-1-2-14 (2025)

Adultery; forfeiture of rights to estate or trust

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 14. If either a husband or wife shall have left the other and shall be living at the time of his or her death in adultery, he or she as the case may be shall take no part of the estate or trust of the deceased husband or wife.

Formerly: Acts 1953, c.112, s.214. As amended by P.L.238-2005, SEC.5.

 

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1991–2025 · leading case: In re Est. of Patrick, 958 N.E.2d 1155 (Ind. Ct. App. 2011).
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In re Est. of Patrick, 958 N.E.2d 1155 (Ind. Ct. App. 2011). · cites it 22× “The Estate presents the following restated issue for review: Did the trial court eom-mit clear error in determining that Ind. Code Ann. § 29-1-2-14 (West, Westlaw through end of 2011 1st Regular Sess.”
Bartrom v. Adjustment Bureau, Inc., 618 N.E.2d 1 (Ind. 1993). · cites it 2× “1992) (support order may issue only if spouse has deserted dependent spouse "without cause"); Ind. Code Ann. §§ 29-1-2-14 & -15 (West 1979) (forfeiture of spouse's intestate share for adultery or abandonment); Oliver v.”
Est. of Calcutt v. Calcutt, 576 N.E.2d 1288 (Ind. Ct. App. 1991). · cites it 4× “The estate's argument that Billy must forfeit his claim to a survivor's allowance because of his adultery and abandonment of Marilyn pursuant to I.C. § 29-1-2-14 and I.C. § 29-1-2-15 must also fail.”
Est. of Hannebaum v. Hannebaum, 999 N.E.2d 972 (Ind. Ct. App. 2013). · cites it 4× “Ind.Code § 29-1-2-14 (2005). The history and meaning of this statute was thoughtfully explored early on in an opinion by Justice Elliott.”
Murdock v. Est. of Murdock, 935 N.E.2d 270 (Ind. Ct. App. 2010). · cites it 2× “See Ind.Code § 29-1-2-14 (providing "If either a husband or wife shall have left the other and shall be living at the time of his or her death in adultery, he or she as the case may be shall take no part of the estate or trust of the deceased husband or wife.”
Metro. Life Ins. v. Hardin, 23 F. Supp. 2d 934 (S.D. Ind. 1998). · cites it 2× “Ind.Code §§ 29-1-2-14, -15. If the court were to conclude that Essie Hardin's marriage to Robert Edwards remained valid until his death in 1997, then it would also follow that Ms.”
Marley v. State, 729 N.E.2d 1011 (Ind. Ct. App. 2000). · cites it 3× “CODE § 29-1-2-14, the adultery/forfeiture of rights statute, and holding that the trial court may infer "adulterous cohabitation" from circumstantial evidence when determining whether spouse living in adultery at time of other spouse's death should be prohibited from taking any…”
In the Matter of the Est. of Thomas E. Phelps, Colby Phelps, Hailey B. Phelps, & Kara L. Phelps v. Erica K. Book (mem. dec.), 152 N.E.3d 1 (Ind. Ct. App. 2020). · cites it 6× “2 1 See Ind. Code § 29-1-2-14 (“If either a husband or wife shall have left the other and shall be living at the time of his or her death in adultery, he or she as the case may be shall take no part of the estate or trust of the deceased husband or wife”).”
Supervised Est.: Emily F. Tidd v. Est. of Gary Tidd, Sr., 257 N.E.3d 846 (Ind. Ct. App. 2025). · cites it 4× “2 2 The Estate’s reliance on Indiana Code § 29-1-2-14 (Adultery Statute) is unavailing.”
In the Matter of the Est. of Stephen T. Hannebaum, Renada Fay Hannebaum v. Mary Rebecca Hannebaum & Stephen T. Hannebaum, II, as Pers. Representatives of Stephen T. Hannebaum, No. 81A05-1301-ES-17 (Ind. Ct. App. Dec. 19, 2013). · cites it 4× “Ind. Code § 29-1-2-14 (2005). The history and meaning of this statute was thoughtfully explored early on in an opinion by Justice Elliott.”
In the Matter of the Supervised Est. of Bogdan T. Mihuti: Layla Cristina Mihuti v. Ciobanu Law, P.C. (mem. dec.), 146 N.E.3d 355 (Ind. Ct. App. 2020). · cites it 2× “The petition cites Indiana Code Section 29-1-2-14, which provides as follows: “If either a husband or wife shall have left the other and shall be living at the time of his or her death in adultery, he or she as the case may be shall take no part of the estate or trust of the…”
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