Indiana Code 32-17-1-3. Estates tail; abolition
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Sec. 3. (a) Estates tail are abolished.
(1) is considered a fee simple; and
(b) An estate that under common law is a fee tail:
Terms Used In Indiana Code 32-17-1-3
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- 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.
(2) if the estate is not limited by a valid remainder, is considered a fee simple absolute.
[Pre-2002 Recodification Citation: 32-1-2-33.]
As added by P.L.2-2002, SEC.2.