reglab/housing_qa huggingface dataset:
IN Code § 29-1-1-20 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 1. General Provisions|29-1-1-20. Incapacitated Persons; Unknown Persons; Guardians

Sec. 20. (a) In a proceeding involving estates of decedents or trusts, or in judicially supervised settlements, persons are bound by orders binding others in the following cases:(1) Orders binding the sole holder or all co-holders of a power of revocation or a presently exercisable general power of appointment, including one in the form of a power of amendment, bind other persons to the extent their interests (as objects, takers in default, or otherwise) are subject to the power.(2) Orders binding a trustee bind beneficiaries of the trust in proceedings:(A) to probate a will establishing or adding to a trust;(B) to review the acts or accounts of a prior fiduciary; and(C) involving creditors or other third parties.(3) Orders binding a personal representative bind persons interested in the undistributed assets of a decedent’s estate in actions or proceedings by or against the estate. If there is no conflict of interest and no guardian of the estate or person has been appointed, a parent may represent the parent's minor child.(4) An interested person:(A) who is incapacitated;(B) whose present name, existence, or residence upon diligent inquiry is unknown and cannot be ascertained; or(C) who is not otherwise represented;is bound by an order to the extent the person's interest is adequately represented by another party having a substantially identical interest in the proceeding.(b) At any point in a proceeding, a court may appoint a guardian ad litem to represent the interest of a minor, an incapacitated, unborn, or unascertained person, or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate. If not precluded by conflict of interests, a guardian ad litem may be appointed to represent several persons or interests. The court shall set out its reasons for appointing a guardian ad litem as a part of the record of the proceeding. Any guardian of the person or estate of the person having an interest may be appointed as a guardian ad litem.(c) The compensation of a guardian or guardian ad litem and the guardian's expenses including attorney's fees for services rendered in any proceeding under this article may be allowed in such amount and ordered paid either out of the entire estate involved as an expense of administration, or out of the protected person's interest therein as the court in its discretion shall determine.(d) Any adjudication involving the interests of persons considered represented under this section shall be lawful and binding upon all interested persons, whether born or unborn, whether notified or not notified, and whether represented or not, if the interested persons are of the same class or have interests similar to the predominant interests of any person notified or represented.Formerly: Acts 1953, c.112, s.120. As amended by Acts 1982, P.L.171, SEC.9; P.L.33-1989, SEC.33; P.L.118-1997, SEC.9.
IN Code § 29-1-1-21 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 1. General Provisions|29-1-1-21. Orders, Judgments, or Decrees; Vacating or Modifying

Sec. 21. For illegality, fraud or mistake, upon application filed within one (1) year after the discharge of the personal representative upon final settlement, the court may vacate or modify its orders, judgments and decrees or grant a rehearing therein. Before any such order, judgment or decree shall be vacated or modified, notice of such application and hearing shall be given to the personal representative and all interested persons as provided in section 12 of this chapter. No vacation or modification under this section shall affect any right acquired by any innocent person in reliance upon any such previous order, judgment or decree.Formerly: Acts 1953, c.112, s.121. As amended by Acts 1982, P.L.171, SEC.10.
IN Code § 29-1-1-22 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 1. General Provisions|29-1-1-22. Appeals; Stay of Proceedings

Sec. 22. Any person considering himself aggrieved by any decision of a court having probate jurisdiction in proceedings under this article may prosecute an appeal to the court having jurisdiction of such appeal. Such appeal shall be taken as appeals are taken in civil causes. Executors, administrators, guardians and fiduciaries may have a stay of proceedings without bond.Formerly: Acts 1953, c.112, s.122. As amended by Acts 1982, P.L.171, SEC.11.
IN Code § 29-1-1-23 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 1. General Provisions|29-1-1-23. Record of Proceedings; Dockets

Sec. 23. The following records of proceedings under this article shall be maintained in addition to other records as the court having probate jurisdiction shall provide for:(1) An index in which estates of deceased persons shall be indexed under the name of the decedent, and those pertaining to guardianships under the name of the protected person. After the name of each shall be shown the docket number and page wherein entries pertaining to such decedent's or ward's estate appear.(2) Decedent's and guardianship estate dockets, in which shall be listed in chronological order under the name of the decedent or protected person, all documents filed or issued and all orders, judgments, and decrees made pertaining to the estate, the date, and a reference to the volume and page of any other book in which any record shall have been made of such document.(3) A record of wills, properly indexed, in which shall be recorded all wills admitted to probate and a record of the testimony of a witness examined, subscribed by the witness and attested by the clerk with the clerk's signature and seal of office. The will with the testimony and attestation to be certified by the clerk to be a complete record.(4) An order book, in which shall be entered all proceedings with respect to the estate in conformity with the law pertaining to order books of circuit courts of this state and with the rules of the court.Formerly: Acts 1953, c.112, s.123. As amended by Acts 1982, P.L.171, SEC.12; P.L.33-1989, SEC.34; P.L.50-1991, SEC.18; P.L.4-1994, SEC.11; P.L.2-1995, SEC.115.
IN Code § 29-1-1-24 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 1. General Provisions|29-1-1-24. Fraud; Relief for Injured Parties

Sec. 24. Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this probate code or if fraud is used to avoid or circumvent the provisions or purposes of this probate code, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud including restitution from any person (other than a bona fide purchaser) benefiting from the fraud, whether innocent or not. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate.Formerly: Acts 1975, P.L.288, SEC.1.
IN Code § 29-1-2-0.1 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 2. Intestate Succession and Rights of Certain Interested Persons|29-1-2-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:(1) The amendments made to section 10 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.(2) The amendments made to section 1 of this chapter by P.L.176-2003 apply only to the estate of an individual who dies after June 30, 2003.(3) The amendments made to section 1 of this chapter by P.L.238-2005 apply to the estate of a person who dies after June 30, 2004.(4) The amendments made to section 1 of this chapter by P.L.61-2006 apply to the estate of an individual who dies after June 30, 2005.As added by P.L.220-2011, SEC.466.
IN Code § 29-1-2-3.1 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 2. Intestate Succession and Rights of Certain Interested Persons|29-1-2-3.1. Wife's Interest in Real Property by Reason of Marriage; Extinguishment

Sec. 3.1. A married man may, in his own name as if he were unmarried, sell, barter, exchange, mortgage, lease, contract to sell, convey or execute any instrument, contract or commitment of any kind whatsoever affecting or in relation to his real property, and the deed, mortgage, lease or other instrument, contract or commitment so executed by a married man without the joinder or assent of his wife shall have the same effect as if it had been executed by the husband joined by his competent wife. Any such act or instrument, or any sale, disposition, transfer or encumbrance of the husband's real property by virtue of any decree, execution or mortgage, even though the wife is not a party thereto, shall extinguish the right of the wife to her one-third of any of said real property and shall extinguish any other right, choate or inchoate, of the wife in said real property which arose or could arise by reason of the marital relationship.Formerly: Acts 1973, P.L.288, SEC.1.
IN Code § 29-1-2-4 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 2. Intestate Succession and Rights of Certain Interested Persons|29-1-2-4. Part Not Disposed of by Will

Sec. 4. If part but not all of the estate of a decedent is validly disposed of by will, the part not disposed of by will shall be distributed as provided herein for intestate estates.Formerly: Acts 1953, c.112, s.204.
IN Code § 29-1-2-5 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 2. Intestate Succession and Rights of Certain Interested Persons|29-1-2-5. Kindred of Half Blood; Inheritance

Sec. 5. Kindred of the half blood shall inherit the same share which they would have inherited if they had been of the whole blood.Formerly: Acts 1953, c.112, s.205.
IN Code § 29-1-2-6 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 2. Intestate Succession and Rights of Certain Interested Persons|29-1-2-6. Afterborn Children; Inheritance

Sec. 6. Descendants of the intestate, begotten before his death but born thereafter, shall inherit as if they had been born in the lifetime of the intestate and had survived him. With this exception, the descent and distribution of intestate estates shall be determined by the relationships existing at the time of the death of the intestate.Formerly: Acts 1953, c.112, s.206.
IN Code § 29-1-2-7 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 2. Intestate Succession and Rights of Certain Interested Persons|29-1-2-7. Children Born Out of Wedlock; Inheritance

Sec. 7. (a) For the purpose of inheritance (on the maternal side) to, through, and from a child born out of wedlock, the child shall be treated as if the child's mother were married to the child's father at the time of the child's birth, so that the child and the child's issue shall inherit from the child's mother and from the child's maternal kindred, both descendants and collaterals, in all degrees, and they may inherit from the child. The child shall also be treated as if the child's mother were married to the child's father at the time of the child's birth, for the purpose of determining homestead rights and the making of family allowances.(b) For the purpose of inheritance (on the paternal side) to, through, and from a child born out of wedlock, the child shall be treated as if the child's father were married to the child's mother at the time of the child's birth, if one (1) of the following requirements is met:(1) The paternity of a child who was at least twenty (20) years of age when the father died has been established by law in a cause of action that is filed during the father's lifetime.(2) The paternity of a child who was less than twenty (20) years of age when the father died has been established by law in a cause of action that is filed:(A) during the father's lifetime; or(B) within five (5) months after the father's death.(3) The paternity of a child born after the father died has been established by law in a cause of action that is filed within eleven (11) months after the father's death.(4) The putative father marries the mother of the child and acknowledges the child to be his own.(5) The putative father executed a paternity affidavit in accordance with IC 31-6-6.1-9(b) (before its repeal).(6) The putative father executes a paternity affidavit as set forth in IC 16-37-2-2.1.(c) The testimony of the mother may be received in evidence to establish such paternity and acknowledgment, but no judgment shall be made upon the evidence of the mother alone. The evidence of the mother must be supported by corroborative evidence or circumstances.(d) If paternity is established as described in this section, the child shall be treated as if the child's father were married to the child's mother at the time of the child's birth, so that the child and the child's issue shall inherit from the child's father and from the child's paternal kindred, both descendants and collateral, in all degrees, and they may inherit from the child. The child shall also be treated as if the child's father were married to the child's mother at the time of the child's birth, for the purpose of determining homestead rights and the making of family allowances.Formerly: Acts 1953, c.112, s.207. As amended by P.L.50-1987, SEC.3; P.L.261-1989, SEC.1; P.L.9-1999, SEC.1; P.L.165-2002, SEC.4; P.L.190-2016, SEC.36.
IN Code § 29-1-2-8 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 2. Intestate Succession and Rights of Certain Interested Persons|29-1-2-8. Adopted Children; Inheritance

Sec. 8. For all purposes of intestate succession, including succession by, through, or from a person, both lineal and collateral, an adopted child shall be treated as a natural child of the child's adopting parents, and the child shall cease to be treated as a child of the natural parents and of any previous adopting parents. However, if a natural parent of a child born in or out of wedlock marries the adopting parent, the adopted child shall inherit from the child's natural parent as though the child had not been adopted, and from the child's adoptive parent as though the child were the natural child. In addition, if a person who is related to a child within the sixth degree adopts such child, such child shall upon the occasion of each death in the child's family have the right of inheritance through the child's natural parents or adopting parents, whichever is greater in value in each case.Formerly: Acts 1953, c.112, s.208; Acts 1961, c.267, s.1; Acts 1965, c.405, s.2; Acts 1969, c.254, s.1. As amended by P.L.152-1987, SEC.9.
IN Code § 29-1-2-9 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 2. Intestate Succession and Rights of Certain Interested Persons|29-1-2-9. Relationship Through Two Lines; Share

Sec. 9. A person who is related to the intestate through two (2) lines of relationship, though under either one alone he might claim as next of kin, shall, nevertheless, be entitled to only one (1) share which shall be the share based on the relationship which would entitle him to the larger share.Formerly: Acts 1953, c.112, s.209.
IN Code § 29-1-2-10 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 2. Intestate Succession and Rights of Certain Interested Persons|29-1-2-10. Advancements; Gratuitous Inter Vivos Transfer

Sec. 10. (a) If a person dies intestate as to all his estate, property which he gave in his lifetime to any person who, if the intestate had died at the time of making the gift, would be entitled to inherit a part of his estate, shall be treated as an advancement against the heir's intestate share only if:(1) the decedent declared in a writing or the heir acknowledged in a writing that the gift is an advancement; or(2) the decedent's writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.To the extent that the advancement does not exceed the intestate share the advancement shall be taken into account in computing the estate to be distributed. Every gratuitous inter vivos transfer is deemed to be an absolute gift and not an advancement unless shown to be an advancement.(b) The advancement shall be considered as of its value at the time when the advancee came into possession or enjoyment or at the time of the death of the intestate, whichever first occurs.(c) If the advancee dies before the intestate, leaving a lineal heir who takes from the intestate, the advancement shall be taken into account in the same manner as if it had been made directly to such heir. If such heir is entitled to a lesser share in the estate than the advancee would have been entitled to had he survived the intestate, then the heir shall only be charged with such proportion of the advancement as the amount he would have inherited, had there been no advancement, bears to the amount which the advancee would have inherited, had there been no advancement.Formerly: Acts 1953, c.112, s.210. As amended by P.L.118-1997, SEC.10.
IN Code § 29-1-2-11 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 2. Intestate Succession and Rights of Certain Interested Persons|29-1-2-11. Dower and Curtesy Abolished

Sec. 11. The estates of dower and curtesy are hereby abolished.Formerly: Acts 1953, c.112, s.211.
IN Code § 29-1-2-12.1 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 2. Intestate Succession and Rights of Certain Interested Persons|29-1-2-12.1. Constructive Trust

Sec. 12.1. (a) A person is a constructive trustee of any property that is acquired by the person or that the person is otherwise entitled to receive as a result of an individual's death, including property from a trust, if that person has been found guilty, or guilty but mentally ill, of murder, causing suicide, or voluntary manslaughter, because of the individual's death. A judgment of conviction is conclusive in a subsequent civil action to have the person declared a constructive trustee.(b) A civil action may be initiated to have a person declared a constructive trustee of property that is acquired by the person, or that the person is otherwise entitled to receive, including property from a trust, as a result of an individual's death, if:(1) the person has been charged with murder, causing suicide, or voluntary manslaughter, because of the individual's death; and(2) the person has been found not responsible by reason of insanity at the time of the crime.If a civil action is initiated under this subsection, the court shall declare that the person is a constructive trustee of the property if by a preponderance of the evidence it is determined that the person killed or caused the suicide of the individual.(c) If a constructive trust is established under this section, the property that is subject to the trust may be used only to benefit those persons, other than the constructive trustee, legally entitled to the property, determined as if the constructive trustee had died immediately before the decedent. However, if any property that the constructive trustee acquired as a result of the decedent's death has been sold to an innocent purchaser for value who acted in good faith, that property is no longer subject to the constructive trust, but the property received from the purchaser under the transaction becomes subject to the constructive trust.As added by P.L.147-1984, SEC.1. Amended by P.L.272-1985, SEC.1; P.L.238-2005, SEC.4.
IN Code § 29-1-2-13 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 2. Intestate Succession and Rights of Certain Interested Persons|29-1-2-13. Waiver; Intestate Share

Sec. 13. (a) The intestate share or other expectancy to which the spouse or any other heir is entitled may be waived at any time by a written contract, agreement or waiver signed by the party waiving such share or expectancy. The promise of marriage, in the absence of fraud, is sufficient consideration in the case of an agreement made before marriage. In all other cases such contract, an agreement or waiver is binding upon the parties to the agreement if executed after a full disclosure of the nature and extent of such right, and if the thing or promise given to such party is a fair consideration under all the circumstances.(b) Except as otherwise provided in the agreement, a waiver executed by the decedent's spouse is considered a waiver of the right to elect to take against the decedent's will. The written agreement may be filed in the same manner as is provided for the filing of an election under IC 29-1-3-3.Formerly: Acts 1953, c.112, s.213. As amended by Acts 1982, P.L.171, SEC.13; P.L.283-1987, SEC.2; P.L.5-1988, SEC.155.
IN Code § 29-1-2-14 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 2. Intestate Succession and Rights of Certain Interested Persons|29-1-2-14. Adultery; Forfeiture of Rights to Estate or Trust

Sec. 14. 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.Formerly: Acts 1953, c.112, s.214. As amended by P.L.238-2005, SEC.5.
IN Code § 29-1-2-15 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 2. Intestate Succession and Rights of Certain Interested Persons|29-1-2-15. Abandonment; Forfeiture of Rights to Estate or Trust

Sec. 15. If a person shall abandon his or her spouse without just cause, he or she shall take no part of his or her estate or trust.Formerly: Acts 1953, c.112, s.215; Acts 1975, P.L.289, SEC.1. As amended by P.L.238-2005, SEC.6.
IN Code § 29-1-3-0.1 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs|29-1-3-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:(1) The amendments made to section 1 of this chapter by P.L.168-1988 do not apply to individuals who die before July 1, 1988.(2) The amendments made to section 2 of this chapter by P.L.238-2005 apply to the estate of a person who dies after June 30, 2005.(3) The amendments made to sections 1 and 7 of this chapter by P.L.176-2003 apply only to the estate of an individual who dies after June 30, 2003.(4) The amendments made to section 1 of this chapter by P.L.61-2006 apply to the estate of an individual who dies after June 30, 2005.As added by P.L.220-2011, SEC.467.