Indiana Court of Appeals
Emily F. Tidd v. The Estate of Gary Tidd, Sr., Deceased
24A-ES-1395
Estate. Reverses Hancock Superior Court Judge Donald Davis’ denial Emily Tidd’s claim for a statutory spousal allowance following the death of her husband, Gary Tidd. Finds the probate court applied the wrong burden of proof and the wrong analysis in determining that the Disinheritance Statute barred Emily’s claim for a spousal allowance. Also finds the probate court’s analysis deviated from established precedent defining “abandonment” for purposes of the Disinheritance Statute as requiring a physical separation without mutual consent. Finally, finds Emily’s alleged disparaging remarks about Gary and what the trial court viewed as the couple’s non-traditional marital roles are irrelevant under existing law to determine whether she abandoned Gary for purposes of the Disinheritance Statute. Attorney for appellant: Ann Coriden. Attorney for appellee: Briane House.