Sec. 6.5. (a) If:

(1) a guardian takes possession of property that is:

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Terms Used In Indiana Code 29-3-8-6.5

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • 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
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(A) jointly owned by or titled in the names of the protected person and another person with rights of survivorship; or

(B) owned as a multiple party account with another person as joint owner or beneficiary;

(2) the guardian:

(A) severs the joint ownership of the property; or

(B) uses the assets of the multiple party account; and

(3) the protected person subsequently dies while the other person is living;

the other person may elect to receive from the protected person’s estate property in an amount determined under subsection (b).

     (b) The amount of property the other person described in subsection (a) may elect to receive is determined in STEP THREE of the following formula:

STEP ONE: Subtract:

(A) the value of the severed or used property retained by the other person at the time ownership was severed or used, if any; from

(B) the value of the joint property or multiple party account at the time ownership was severed or the assets were used.

STEP TWO: Divide:

(A) the remainder determined under STEP ONE; by

(B) the value of the protected person’s property, including the jointly held property or multiple party account, at the time ownership was severed or the assets were used.

STEP THREE: Multiply:

(A) the quotient determined under STEP TWO; by

(B) the value of the deceased protected person’s net estate.

     (c) As used in this section, “multiple party account” refers to both multiple party accounts described by IC 32-17-11 and transfer on death transfers completed under IC 32-17-14.

As added by P.L.33-1989, SEC.73. Amended by P.L.143-2009, SEC.16.

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