Sec. 28. (a) The protections provided to a transferring entity or to a purchaser or lender for value by this chapter do not affect the rights of beneficiaries or others involved in disputes that:

(1) are with parties other than a transferring entity or purchaser or lender for value; and

Terms Used In Indiana Code 32-17-14-28

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) concern the ownership of property transferred under this chapter.

     (b) Unless the payment or transfer can no longer be challenged because of adjudication, estoppel, or limitations, a transferee of money or property under a transfer on death transfer that was improperly distributed or paid is liable for:

(1) the return of the money or property, including income earned on the money or property, to the transferring entity; or

(2) the delivery of the money or property, including income earned on the money or property, to the rightful transferee.

In addition, the transferee is liable for the amount of attorney‘s fees and costs incurred by the rightful transferee in bringing the action in court.

     (c) If a transferee of money or property under a transfer on death transfer that was improperly distributed or paid does not have the property, the transferee is liable for an amount equal to the sum of:

(1) the value of the property as of the date of the disposition;

(2) the income and gain that the transferee received from the property and its proceeds; and

(3) the amount of attorney’s fees and costs incurred by the rightful transferee in bringing the action in court.

     (d) If a transferee of money or property under a transfer on death transfer that was improperly distributed or paid encumbers the property, the transferee:

(1) shall satisfy the debt incurred in an amount sufficient to release any security interest, lien, or other encumbrance on the property; and

(2) is liable for the amount of attorney’s fees and costs incurred by the rightful transferee in bringing the action in court.

     (e) A purchaser for value of property or a lender who acquires a security interest in the property from a beneficiary of a transfer on death transfer:

(1) in good faith; or

(2) without actual knowledge that:

(A) the transfer was improper; or

(B) information in an affidavit provided under section 26(b)(20) of this chapter was not true;

takes the property free of any claims of or liability to the owner’s estate, creditors of the owner’s estate, persons claiming rights as beneficiaries of the transfer on death transfer, or heirs of the owner’s estate. A purchaser or lender for value has no duty to verify sworn information relating to the transfer on death transfer.

     (f) The protection provided by subsection (e) applies to information that relates to the beneficiary’s ownership interest in the property and the beneficiary’s right to sell, encumber, and transfer good title to a purchaser or lender but does not relieve a purchaser or lender from the notice provided by instruments of record with respect to the property.

     (g) A transfer on death transfer that is improper under section 22, 23, 24, or 25 of this chapter imposes no liability on the transferring entity if the transfer is made in good faith. The remedy of a rightful transferee must be obtained in an action against the improper transferee.

As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.35.

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