2019 Indiana Code
Title 29. Probate
Article 1. Probate Code
Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs
29-1-3-8. Afterborn or adopted children; omitted heirs

Universal Citation: IN Code § 29-1-3-8 (2019)
IC 29-1-3-8 Afterborn or adopted children; omitted heirs

Sec. 8. (a) When a testator fails to provide a will for any of the testator's children born or adopted after the making of the testator's last will, such child, whether born before or after the testator's death, shall receive a share in the estate of the testator equal in value to that which the child would have received if the testator had died intestate, unless it appears from the will that such omission was intentional, or unless:

(1) when the will was executed the testator had one (1) or more children known to the testator to be living; and

(2) the testator devised substantially all of the testator's estate to the spouse who survives the testator's death.

(b) If, at the time of the making of the testator's will, the testator believes any of the testator's children to be dead, and fails to provide for such child in the testator's will, the child shall receive a share in the estate of the testator equal in value to that which the child would have received if the testator had died intestate, unless it appears from the will or from other evidence that the testator would not have devised anything to such child had the testator known that the child was alive.

Formerly: Acts 1953, c.112, s.308. As amended by P.L.231-2019, SEC.6.

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