Ind. Code § 30-4-2.1-4
Children born after trust's creation
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Sec. 4. (a) Except as provided in subsection (b) and section 5 of this chapter, when a settlor fails to provide in the settlor's trust for a child who is:
Sec. 4. (a) Except as provided in subsection (b) and section 5 of this chapter, when a settlor fails to provide in the settlor's trust for a child who is:
(1) born or adopted after the making of the settlor's trust; and
(1) born or adopted after the making of the settlor's trust; and
(2) born before or after the settlor's death;
(2) born before or after the settlor's death;
the child is entitled to receive a share in the trust assets. The child's share of the trust assets shall be determined by ascertaining what the child's intestate share would have been under IC 29-1-2-1 if the settlor had died intestate. The child is entitled to receive a share of the trust assets equivalent in value to the intestacy share determined under IC 29-1-2-1.
the child is entitled to receive a share in the trust assets. The child's share of the trust assets shall be determined by ascertaining what the child's intestate share would have been under IC 29-1-2-1 if the settlor had died intestate. The child is entitled to receive a share of the trust assets equivalent in value to the intestacy share determined under IC 29-1-2-1.
(b) Subsection (a) does not apply to a child of the settlor if:
(b) Subsection (a) does not apply to a child of the settlor if:
(1) it appears from the trust that the settlor intentionally failed to provide in the settlor's trust for the child; or
(1) it appears from the trust that the settlor intentionally failed to provide in the settlor's trust for the child; or
(2) when the trust was executed: (A) the settlor had at least one (1) child known to the settlor to be living; and (B) the settlor devised substantially all of the settlor's estate to the settlor's surviving spouse.
(2) the settlor: (A) had at least one (1) child known to the settlor to be living when the trust was executed; and (B) devised substantially all of the settlor's trust assets to the settlor's surviving spouse.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.