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. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

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  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

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