Indiana Code 29-1-3-8. Afterborn or adopted children; omitted heirs
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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:
(2) the testator devised substantially all of the testator’s estate to the spouse who survives the testator’s death.
(1) when the will was executed the testator had one (1) or more children known to the testator to be living; and
Terms Used In Indiana Code 29-1-3-8
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Intestate: Dying without leaving a will.
- Testator: A male person who leaves a will at 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.