Bohnke v. Estate of Bohnke

YOUNG, Judge.

Candace R. Hoover Bohnke brought this action against the estate of her deceased husband, Frank Bohnke (the Estate). She initiated the action by filing a petition to set aside an instrument in which she waived her statutory survivor's allowance 1 and her right to take against Frank's will. 2 At the same time, Candace filed an election to take against the will, under Ind.Code 29-1-8-8. After a hearing, the trial court found that Candace's waiver of her statutory rights was valid and that she was not entitled to revoke it. The court accordingly ruled that Candace could not elect to…