Indiana Code 29-3-8-6. Sale or transfer of guardianship property contrary to terms of protected person’s will; election of devisee
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Sec. 6. If:
(2) the protected person subsequently dies; and
(1) a guardian sells or transfers during a protected person’s lifetime property belonging to the protected person that is specifically devised to another in a will executed by the protected person;
Terms Used In Indiana Code 29-3-8-6
- Devise: To gift property by will.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(3) the devised property is consequently not contained in the protected person’s estate following the death of the protected person;
the devisee may, at the devisee’s option, elect to receive the value of the devised property, as valued at the time of death of the protected person, as a general devise or the proceeds of the sale or transfer as a specific devise.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.72; P.L.252-2001, SEC.28.