Husband allowed to petition for survivor's allowance

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Even though a wife had filed for divorce from her husband at the time she was killed, the husband is still allowed to petition for survivor’s allowance, the Indiana Court of Appeals affirmed Wednesday. The appellate judges cited caselaw from the 1800s to support their decision.

Melissa and Jason Patrick had issues in their marriage, and Melissa filed for divorce. Jason admitted that he also considered divorce, but Melissa filed before him. Jason began a relationship with Sarah Jones, who was divorcing her husband. Jason stayed at Jones’ house a few times a week. Melissa began a relationship with Jones’ ex-husband, who later murdered her when she told him she wanted to end their romantic relationship.

Jason filed a petition of surviving spouse for a statutory allowance pursuant to Indiana Code 29-1-4-1. Melissa’s estate argued that I.C. 29-1-2-14 barred the claim, which says “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.”

Much of the parties’ arguments and evidence dealt with the “living in adultery” aspect of the statute, but didn’t discuss much of the other element of the statute – abandonment. The appellate court focused on the abandonment element, and cited several cases, including ones from 1829, 1866 and 1916 to conclude that in order to divest Jason of his survivor’s share, the estate was required to prove that he “left” Melissa. This means that he left her “willfully, without justification … with an intention of causing a perpetual separation of the parties,” but he couldn’t have “left” her under I.C. 29-1-2-14 if the parting was mutually agreed upon.

The evidence showed when Melissa filed for dissolution,Jason had been staying at his father’s house. The evidence supports that they separated by mutual consent and he exercised regular visitation with his children. The estate did not prove the element of abandonment, so the trial court did not clearly err in denying the estate’s motion to dismiss Jason’s petition for survivor’s allowance, wrote Judge Ezra Friedlander in In the Matter of the Estate of Melissa K. Patrick: Yvonne Griffith v. Jason Patrick, No. 17A03-1104-ES-190.



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  1. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.