§ 32-17-13-2 — "Claimant"; "nonprobate transferee"; liability of nonprobate transferee

Indiana § 32-17-13-2

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 17: INTERESTS IN PROPERTY
• Ch. 13: Liability of Nonprobate Transferees for Creditor Claims

Text

(a) As used in this chapter, "claimant" means
the surviving spouse or a surviving child, to the extent that statutory
allowances are affected, or a person who has filed a timely claim in a
deceased transferor's probate estate under IC 29-1-14, and is entitled
to enforce the claim against a transferee of a nonprobate transfer.
(b) As used in this chapter, "nonprobate transferee" means a person
who acquires an interest in property by a nonprobate transfer.
(c) Except as otherwise provided by statute, a transferee of a
nonprobate transfer is subject to liability to a deceased transferor's
probate estate for:
(1) allowed claims against the deceased transferor's probate
estate; and
(2) statutory allowances to the decedent's spouse and children;
to the extent the decedent's probate estate is insufficient to satisfy those
claims and allowances.
(d) The liability of the nonprobate transferee may not exceed the
value of nonprobate transfers received or controlled by the nonprobate
transferee.
(e) The liability of the nonprobate transferee does not include the
net contributions of the nonprobate transferee.

Legislative History

As added by P.L.165-2002, SEC.11. Amended by P.L.163-2018, SEC.16.