Indiana Code
Ind. Code § 29-1-2-12 (2026)
Repealed
✓ current as of May 2026
Formerly: Acts 1953, c.112, s.212. As amended by Acts 1978, P.L.2, SEC.2901. Repealed by P.L.147-1984, SEC.2.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1979–2021 · leading case: Turner v. Est. of Turner, 454 N.E.2d 1247 (Ind. Ct. App. 1983).
Turner v. Est. of Turner, 454 N.E.2d 1247 (Ind. Ct. App. 1983). “3 Therein, the court found that inasmuch as the provisions of Indiana Code section 29-1-2-12 4 were grounded in equity and looked to substance over form, Allen should not be permitted to benefit from his wrongdoing, and therefore, should serve as constructive trustee of his…”
Ford v. Ford, 512 A.2d 389 (Md. 1986). “1986); Ind. Code Ann. § 29-1-2-12 .1 (Burns 1972, Cum.”
Blake v. Blake, 391 N.E.2d 848 (Ind. Ct. App. 1979). “The appellees respond that the issues which Cocklin wanted tried were those decided by Superior Probate, that, because Ind. Code 29-1-2-12 3 is in the Probate Code, Superior Probate clearly had jurisdiction to decide title in this case and, finally, that the matters were fully…”
Hoss v. Hoge, 166 Wash. 2d 120 (Wash. 2009). “Hoge entered the same stipulation with regard to the killing of James Zachary Kissinger. In Hoge’s criminal case, the trial court’s findings of fact stated that due to the “proportion and magnitude of his mental disease or defect, the defendant’s mind was affected to such an…”
Est. of Chiesi v. First Citizens Bank, N.A., 613 N.E.2d 14 (Ind. 1993). “Ind. Code Ann. § 29-1-2-12 .1(a) (West Supp.”
Est. of Sikler v. Comm'r, 42 T.C.M. 1389 (Tax Ct. 1981). “The petition stated that the will left Julia Sikler an interest in the estate, and requested "the determination of the Court as to her rights to share in the distribution thereof pursuant and under construction of Section 29-1-2-12 Indiana Code .”
Metlife Investors USA Ins. Co. v. Steven L Lindsey (N.D. Ind. 2021). “Ind. Code § 29-1-2-12 .1(a). In addition, “the property that is subject to the trust may be used only to benefit those persons, other than the constructive trustee, legally entitled to the property, determined as if the constructive trustee had died immediately before the…”
Frederick Cashner, Sr. & Lucille Cashner v. W.-S. Life Assurance Co. (Ind. Ct. App. 2014). “The Estate claims it is entitled to the proceeds because Frederick is disqualified from receiving benefits under Ind. Code Ann. § 29-1-2-12 .1 (West, Westlaw current with all legislation of the Second Regular Session of the 118th General Assembly (2014) with effective dates…”
Est. of Troxal v. S.P.T., 851 N.E.2d 345 (Ind. Ct. App. 2006). “Specifically, the Estate maintains that interpretation of the constructive trust statute, enacted in Ind. Code § 29-1-2-12 .1, as a whole mandates the depositing of the insurance funds in a constructive trust pending distribution by Diane's estate.”
Metro. Life Ins. v. Wattley, 109 F. Supp. 2d 1017 (N.D. Ind. 2000). “The court conceded the inapplicability of Indiana’s general constructive trust statute, Ind. Code § 29-1-2-12 .1(a) (“A person is a constructive trustee of any property that is acquired by him or that he is otherwise entitled to receive as a result of a decedent’s death, if that…”
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