reglab/housing_qa huggingface dataset:
IN Code § 32-17-13-2 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 13. Liability of Nonprobate Transferees for Creditor Claims and Statutory Allowances|32-17-13-2. "Claimant"; "Nonprobate Transferee"; Liability of Nonprobate Transferee

Sec. 2. (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.As added by P.L.165-2002, SEC.11. Amended by P.L.163-2018, SEC.16.
IN Code § 32-17-13-3 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 13. Liability of Nonprobate Transferees for Creditor Claims and Statutory Allowances|32-17-13-3. Priority of Liability to Probate Estate

Sec. 3. Nonprobate transferees are liable for the insufficiency described in section 2 of this chapter in the following order:(1) As provided in the deceased transferor's will or other governing instrument.(2) To the extent of the value of the nonprobate transfer received or controlled by the trustee of trusts that can be amended, modified, or revoked by the decedent during the deceased transferor's lifetime. If there is more than one (1) such trust, in proportion to the relative value of the trusts.(3) Other nonprobate transferees in proportion to the values received.As added by P.L.165-2002, SEC.11. Amended by P.L.163-2018, SEC.17.
IN Code § 32-17-13-4 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 13. Liability of Nonprobate Transferees for Creditor Claims and Statutory Allowances|32-17-13-4. Beneficiary Interests in Trusts

Sec. 4. Unless otherwise provided by the trust instrument, interest of beneficiaries in all trusts incurring liabilities under this chapter shall abate as necessary to satisfy the liability as if all of the trust instruments were a single trust.As added by P.L.165-2002, SEC.11. Amended by P.L.101-2008, SEC.11.
IN Code § 32-17-13-5 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 13. Liability of Nonprobate Transferees for Creditor Claims and Statutory Allowances|32-17-13-5. Apportionment of Liability by Instrument

Sec. 5. (a) A provision made in an instrument may direct the apportionment of the liability among the nonprobate transferees taking under that or any other governing instrument.(b) If a provision in an instrument conflicts with a provision in another instrument, the later provision prevails.As added by P.L.165-2002, SEC.11.
IN Code § 32-17-13-6 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 13. Liability of Nonprobate Transferees for Creditor Claims and Statutory Allowances|32-17-13-6. Enforcement Proceedings; Jurisdiction

Sec. 6. (a) Upon due notice to a nonprobate transferee, the liability imposed by this chapter is enforceable in proceedings in Indiana in the county where:(1) the transfer occurred;(2) the transferee is located; or(3) the probate action is pending.(b) A proceeding under this chapter may be commenced as a separate cause from a cause in which a probate action is pending with respect to a deceased transferor of a nonprobate transfer by filing a complaint against a nonprobate transferee as a defendant and serving a summons and a complete copy of the complaint to each defendant under the Indiana Rules of Trial Procedure.As added by P.L.165-2002, SEC.11. Amended by P.L.163-2018, SEC.18.
IN Code § 32-17-13-8 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 13. Liability of Nonprobate Transferees for Creditor Claims and Statutory Allowances|32-17-13-8. Deadline for Commencement of Proceedings

Sec. 8. (a) This subsection applies to a proceeding commenced under this chapter with respect to a deceased transferor who died before July 1, 2018, if the personal representative or claimant commences the proceeding before January 1, 2020. A proceeding under this chapter must be commenced not later than nine (9) months after the deceased transferor's death. However, a proceeding on behalf of a creditor whose claim was timely filed may be commenced within:(1) sixty (60) days after the final allowance of the claim; or(2) ninety (90) days after demand is made under section 7 of this chapter if the personal representative declines or fails to commence a proceeding after receiving the demand.(b) This subsection applies to a proceeding commenced under this chapter with respect to a deceased transferor who dies on or after June 30, 2018. A proceeding under this chapter must be commenced not later than nine (9) months after the deceased transferor's death, but a proceeding on behalf of a claimant whose claim was timely filed in the deceased transferor's estate may be commenced after the final allowance of the claim within the earlier of:(1) thirty (30) days after the personal representative files in the deceased transferor's estate after final allowance of the claim a written notice that the personal representative does not intend to commence a proceeding under this chapter; or(2) ninety (90) days after final allowance of the claim if:(A) the personal representative declines or fails to commence a proceeding after receiving the demand under section 7 of this chapter; and(B) the personal representative does not file a written notice in the deceased transferor's estate that the personal representative does not intend to commence a proceeding under this chapter.As added by P.L.165-2002, SEC.11. Amended by P.L.6-2010, SEC.24; P.L.163-2018, SEC.20; P.L.231-2019, SEC.42.
IN Code § 32-17-13-9 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 13. Liability of Nonprobate Transferees for Creditor Claims and Statutory Allowances|32-17-13-9. Release of Obligor or Trustee From Liability for Transfer of Assets to Nonprobate Transferee

Sec. 9. Unless written notice asserting that a deceased transferor's probate estate is insufficient to pay allowed claims and statutory allowances has been received from the deceased transferor's personal representative, the following rules apply:(1) Payment or delivery of assets by a financial institution, registrar, or another obligor to a nonprobate transferee under the terms of the governing instrument controlling the transfer releases the obligor from all claims for amounts paid or assets delivered.(2) A trustee receiving or controlling a nonprobate transfer is released from liability under this section on any assets distributed to the trust's beneficiaries. Each beneficiary, to the extent of the distribution received, becomes liable for the amount of the trustee's liability attributable to that asset imposed by sections 2 and 3 of this chapter.As added by P.L.165-2002, SEC.11. Amended by P.L.163-2018, SEC.21.
IN Code § 32-17-13-10 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 13. Liability of Nonprobate Transferees for Creditor Claims and Statutory Allowances|32-17-13-10. Recovery of Value of Nonprobate Transfer From Nonprobate Transferee; Intervention

Sec. 10. (a) If the personal representative of a deceased transferor's probate estate commences a separate proceeding under this chapter and recovers all or part of the value of the nonprobate transfer from the nonprobate transferees, the personal representative must:(1) include the value in the inventory of the deceased transferor's probate estate; and(2) pay or distribute the value as the personal representative would pay or distribute other assets of the deceased transferor's probate estate.(b) If:(1) the personal representative of a deceased transferor's probate estate declines or fails to commence a proceeding under this chapter after receiving written demand;(2) the person making the written demand commences a timely and proper action under this chapter; and(3) the person making the written demand recovers all or part of the value of the nonprobate transfer from the nonprobate transferees;the person making the written demand may retain the recovered value without remitting it to the personal representative of the deceased transferor's probate estate.(c) If one (1) or more claimants of the deceased transferor's estate intervenes in the separate proceeding, the court shall enter an order allocating the recovered value among the plaintiff and other claimants according to the priorities of their claims in the deceased transferor's estate, and allow the plaintiff to retain plaintiff's costs and reasonable attorney's fees from the recovered value.(d) Any claimant that recovers assets under this section must file a satisfaction or partial satisfaction of the claimant's claim in the deceased transferor's probate estate to the extent of the recovered value within thirty (30) days after the recovery.As added by P.L.163-2018, SEC.22.
IN Code § 32-17-14-0.2 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 14. Transfer on Death Property Act|32-17-14-0.2. Application of Prior Law

Sec. 0.2. The addition of IC 32-4-1.6 ("Uniform Act on Transfer on Death Securities" before its repeal, codified at IC 32-17-9, before its repeal) does not apply to an individual whose death occurs before July 1, 1997.As added by P.L.220-2011, SEC.518.
IN Code § 32-17-14-1 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 14. Transfer on Death Property Act|32-17-14-1. Citation

Sec. 1. This chapter may be cited as the Transfer on Death Property Act.As added by P.L.143-2009, SEC.41.
IN Code § 32-17-14-2 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 14. Transfer on Death Property Act|32-17-14-2. Applicability

Sec. 2. (a) Except as provided elsewhere in this chapter, this chapter applies to a transfer on death security, transfer on death securities account, and pay on death account created before July 1, 2009, unless the application of this chapter would:(1) adversely affect a right given to an owner or beneficiary;(2) give a right to any owner or beneficiary that the owner or beneficiary was not intended to have when the transfer on death security, transfer on death securities account, or pay on death account was created;(3) impose a duty or liability on any person that was not intended to be imposed when the transfer on death security, transfer on death securities account, or pay on death account was created; or(4) relieve any person from any duty or liability imposed:(A) by the terms of the transfer on death security, transfer on death securities account, or pay on death account; or(B) under prior law.(b) Subject to section 32 of this chapter, this chapter applies to a transfer on death transfer if at the time the owner designated the beneficiary:(1) the owner was a resident of Indiana;(2) the property subject to the beneficiary designation was situated in Indiana;(3) the obligation to pay or deliver arose in Indiana;(4) the transferring entity was a resident of Indiana or had a place of business in Indiana; or(5) the transferring entity's obligation to make the transfer was accepted in Indiana.(c) This chapter does not apply to property, money, or benefits paid or transferred at death under a life or accidental death insurance policy, annuity, contract, plan, or other product sold or issued by a life insurance company unless the provisions of this chapter are incorporated into the policy or beneficiary designation in whole or in part by express reference.(d) This chapter does not apply to a transfer on death transfer if the beneficiary designation or an applicable law expressly provides that this chapter does not apply to the transfer.(e) Subject to IC 9-17-3-9(g), this chapter applies to a beneficiary designation for the transfer on death of a motor vehicle or a watercraft.(f) The provisions of:(1) section 22 of this chapter; and(2) section 26(b)(9) of this chapter;relating to distributions to lineal descendants per stirpes apply to a transfer on death or payable on death transfer created before July 1, 2009.As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.25; P.L.198-2016, SEC.662; P.L.79-2017, SEC.75.
IN Code § 32-17-14-2.1 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 14. Transfer on Death Property Act|32-17-14-2.1. Application of Chapter to Preexisting Transfer on Death Transfers

Sec. 2.1. An amendment to the rules of law contained in this chapter applies to all transfer on death transfers created prior to the effective date of the applicable amendment.As added by P.L.149-2012, SEC.13.
IN Code § 32-17-14-2.5 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 14. Transfer on Death Property Act|32-17-14-2.5. Applicability

Sec. 2.5. This chapter does not apply to property, money, or benefits paid or transferred at death under:(1) an employee benefit plan governed by the Employees Retirement Income Security Act of 1974;(2) an individual retirement account; or(3) a similar account or plan intended to qualify for a tax exemption or deferral under the Internal Revenue Code;unless the provisions of this chapter are incorporated into the governing instrument or beneficiary designation in whole or in part by express reference.As added by P.L.36-2011, SEC.11.
IN Code § 32-17-14-4 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 14. Transfer on Death Property Act|32-17-14-4. Transfers That Are Not Considered Transfer on Death Transfers; Beneficiary Designation Requirements and Form

Sec. 4. (a) The following transfers of ownership are not considered transfer on death transfers for purposes of this chapter:(1) Transfers by rights of survivorship in property held as joint tenants or tenants by the entirety.(2) A transfer to a remainderman on the termination of a life tenancy.(3) An inter vivos or a testamentary transfer under a trust established by an individual.(4) A transfer made under the exercise or nonexercise of a power of appointment.(5) A transfer made on the death of a person who did not have the right to designate the person's estate as the beneficiary of the transfer.(b) A beneficiary designation made under this chapter must do the following:(1) Designate the beneficiary of a transfer on death transfer.(2) Make the transfer effective upon the death of the owner of the property being transferred.(3) Comply with this chapter, the conditions of any governing instrument, and any other applicable law.(c) For purposes of construing this chapter or a beneficiary designation made under this chapter, the death of the last surviving owner of property held by joint owners is considered the death of the owner.(d) Except as otherwise provided in this chapter, a transfer on death direction is accomplished in a form substantially similar to the following:(1) Insert Name of the Owner or Owners.(2) Insert "Transfer on death to" or "TOD" or "Pay on death to" or "POD".(3) Insert the Name of the Beneficiary or Beneficiaries.(e) An owner may revoke or change a beneficiary designation at any time before the owner's death.As added by P.L.143-2009, SEC.41.
IN Code § 32-17-14-5 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 14. Transfer on Death Property Act|32-17-14-5. General Rules Concerning Transfer on Death Transfers

Sec. 5. A transfer on death transfer:(1) is effective with or without consideration;(2) is not considered testamentary;(3) is not subject to the requirements for a will or for probating a will under IC 29-1; and(4) may be subject to an agreement between the owner and a transferring entity to carry out the owner's intent to transfer the property under this chapter.As added by P.L.143-2009, SEC.41.
IN Code § 32-17-14-6 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 14. Transfer on Death Property Act|32-17-14-6. Authority of a Transferring Entity

Sec. 6. For the purpose of discharging its duties under this chapter, the authority of a transferring entity acting as agent for an owner of property subject to a transfer on death transfer does not cease at the death of the owner. The transferring entity shall transfer the property to the designated beneficiary in accordance with the beneficiary designation and this chapter.As added by P.L.143-2009, SEC.41.
IN Code § 32-17-14-7 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 14. Transfer on Death Property Act|32-17-14-7. Agreement Between Owner and Transferring Entity

Sec. 7. (a) If any of the following are required by the transferring entity, an agreement between the owner and the transferring entity is necessary to carry out a transfer on death transfer, which may be made in accordance with the rules, terms, and conditions set forth in the agreement:(1) The submission to the transferring entity of a beneficiary designation under a governing instrument.(2) Registration by a transferring entity of a transfer on death direction on any certificate or record evidencing ownership of property.(3) Consent of a contract obligor for a transfer of performance due under the contract.(4) Consent of a financial institution for a transfer of an obligation of the financial institution.(5) Consent of a transferring entity for a transfer of an interest in the transferring entity.(b) When subsection (a) applies, a transferring entity is not required to accept an owner's request to assist the owner in carrying out a transfer on death transfer.(c) If a beneficiary designation, revocation, or change is subject to acceptance by a transferring entity, the transferring entity's acceptance of the beneficiary designation, revocation, or change relates back to and is effective as of the time the request was received by the transferring entity.As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.27.
IN Code § 32-17-14-8 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 14. Transfer on Death Property Act|32-17-14-8. Transferring Entity's Acceptance of a Beneficiary Designation

Sec. 8. (a) If a transferring entity accepts a beneficiary designation or beneficiary assignment or registers property in beneficiary form, the acceptance or registration constitutes the agreement of the owner and the transferring entity that, subject to this section, the owner's property will be transferred to and placed in the name and control of the beneficiary in accordance with the beneficiary designation or transfer on death direction, the agreement between the parties, and this chapter.(b) An agreement described in subsection (a) is subject to the owner's power to revoke or change a beneficiary designation before the owner's death.(c) A transferring entity's duties under an agreement described in subsection (a) are subject to the following:(1) Receiving proof of the owner's death.(2) Complying with the transferring entity's requirements for proof that the beneficiary is entitled to receive the property.As added by P.L.143-2009, SEC.41.
IN Code § 32-17-14-9 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 14. Transfer on Death Property Act|32-17-14-9. Beneficiary Designation; Effects; Requirements

Sec. 9. (a) Except as provided in subsection (c), a beneficiary designation that satisfies the requirements of subsection (b):(1) authorizes a transfer of property under this chapter;(2) is effective on the death of the owner of the property; and(3) transfers the right to receive the property to the designated beneficiary who survives the death of the owner.(b) A beneficiary designation is effective under subsection (a) if the beneficiary designation is:(1) executed; and(2) delivered;to the transferring entity before the death of the owner.(c) A transferring entity shall make a transfer described in subsection (a)(3) unless there is clear and convincing evidence of the owner's different intention at the time the beneficiary designation was created.As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.28.
IN Code § 32-17-14-10 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 14. Transfer on Death Property Act|32-17-14-10. Assignment of Contract Rights

Sec. 10. (a) A written assignment of a contract right that:(1) assigns the right to receive any performance remaining due under the contract to an assignee designated by the owner; and(2) expressly states that the assignment does not take effect until the death of the owner;transfers the right to receive performance due under the contract to the designated assignee beneficiary if the assignment satisfies the requirements of subsection (b).(b) A written assignment described in subsection (a) is effective upon the death of the owner if the assignment is:(1) executed; and(2) delivered;to the contract obligor before the death of the owner.(c) A beneficiary assignment described in this section is not required to be supported by consideration or delivered to the assignee beneficiary.(d) This section does not preclude other methods of assignment that are permitted by law and have the effect of postponing the enjoyment of the contract right until after the death of the owner.As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.29.
IN Code § 32-17-14-12 (2021)
2021 Indiana Code|Title 32. Property|Article 17. Interests in Property|Chapter 14. Transfer on Death Property Act|32-17-14-12. Transfer on Death Transfers of Tangible Personal Property

Sec. 12. (a) A deed of gift, bill of sale, or other writing intended to transfer an interest in tangible personal property is effective on the death of the owner and transfers ownership to the designated transferee beneficiary if the document:(1) expressly creates ownership in beneficiary form;(2) is in other respects sufficient to transfer the type of property involved; and(3) is executed by the owner and acknowledged before a notary public or other person authorized to administer oaths or executed in the presence of a disinterested witness.(b) A beneficiary transfer document described in this section is not required to be supported by consideration or delivered to the transferee beneficiary.(c) This section does not preclude other methods of transferring ownership of tangible personal property that are permitted by law and have the effect of postponing enjoyment of the property until after the death of the owner.(d) For purposes of this section, a witness is disinterested if the witness is not:(1) the designated transferee beneficiary;(2) the spouse of the designated transferee beneficiary;(3) a descendant of the designated transferee beneficiary; or(4) the spouse of a descendant of the designated transferee beneficiary.(e) A disinterested witness may prove the owner's execution of a deed of gift, bill of sale, or other writing under this section as a witness may prove the signature of a grantor, principal, or affiant making a conveyance, mortgage, or other instrument of writing under IC 32-21-2-3(a).As added by P.L.143-2009, SEC.41. Amended by P.L.185-2021, SEC.31.