Estate of Hannebaum v. Hannebaum

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 residence and began dating Doug Wilson. Renada filed a petition for dissolution in October 2007, but her divoree from Stephen was never finalized. Stephen died…