Ind. Code » Title 29
Indiana Code

Ind. Code § 29-1-3-8 (2025)

Afterborn or adopted children; omitted heirs

✓ 2025 Indiana Code: the 2026 session is not included
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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:

(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.

 

IC 29-1-4Chapter 4. Surviving Spouse and Family Allowances

 

           29-1-4-0.1Application of certain amendments to chapter
           29-1-4-1Surviving spouse and family allowances
           29-1-4-2Repealed
           29-1-4-3Repealed

 

Notes of Decisions
Cited in 2 cases, 1975–2013 · leading case: Ankrom v. State, 152 So. 3d 397 (Ala. 2013).
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Ankrom v. State, 152 So. 3d 397 (Ala. 2013). “§ 5/4-10 (2007); Ind.Code Ann. § 29-1-3-8 (2010); Iowa Code Ann.”
Haskett v. Haskett, 327 N.E.2d 612 (Ind. Ct. App. 1975). “§ 29-1-3-8(b) (Burns Code Ed.) provides as follows: “ (b) If, at the time of the making of his will, the testator believes any of his children to be dead, and fails to provide for such child in his will, the child shall receive a share in the estate of the testator equal in…”
Ind. Code § 29-1-3-8(b): 1 case
Haskett v. Haskett, 327 N.E.2d 612 (Ind. Ct. App. 1975). “§ 29-1-3-8(b) (Burns Code Ed.) provides as follows: “ (b) If, at the time of the making of his will, the testator believes any of his children to be dead, and fails to provide for such child in his will, the child shall receive a share in the estate of the testator equal in…”
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