Sec. 7. (a) As used in this section, "descendant" includes the following:
(1) A child adopted before the child is twenty-one (21) years of age by:
(A) the settlor; or
(B) the settlor's descendants.
(2) A descendant of a child adopted as set forth in subdivision (1).
(3) A child who is born of the mother out of wedlock in either of the following circumstances:
(A) The mother is a descendant of the settlor.
(B) The mother is the settlor.
(4) If the right of a child born out of wedlock to inherit from the father is or has been established in the manner provided under IC 29-1-2-7, the child, in either of the following circumstances:
(A) The father is a descendant of the settlor.
(B) The father is the settlor.
(5) A descendant of a child born out of wedlock as set forth in subdivisions (3) and (4).
(b) If:
(1) an estate, real or personal, is devised to a descendant of the settlor; and
(2) the beneficiary:
(A) dies during the lifetime of the settlor before or after the execution of the trust; and
(B) leaves a descendant who survives the settlor;
the devise does not lapse, but the property devised vests in the surviving descendant of the beneficiary as if the beneficiary had survived the settlor and died intestate.
As added by P.L.4-2003, SEC.7.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 2.1. Rules for Interpretation of Trusts
30-4-2.1-3. No Contest Provision Enforceable; Exceptions
30-4-2.1-4. Children Born After Trust's Creation
30-4-2.1-5. Mistaken Belief That Settlor's Child Deceased
30-4-2.1-6. Void, Revoked, or Lapsed Devise
30-4-2.1-7. Beneficiary Predeceases Settlor
30-4-2.1-8. Kindred of the Half Blood
30-4-2.1-9. Applicability of Adultery and Abandonment Forfeiture Provisions
30-4-2.1-11. Written Statement or List Disposing of Tangible Personal Property
30-4-2.1-11.1. Trust Referencing Writing; Effect to Be Given to Writing
30-4-2.1-12. Order of Abatement; Other Rules Governing Abatement
30-4-2.1-14. Rules of Interpretation Concerning Discretionary Interests
30-4-2.1-14.5. "Discretionary Interest"; Rules of Construction
30-4-2.1-15. Rules of Interpretation Concerning a Beneficiary's Influence Over a Trust
30-4-2.1-16. Rules of Interpretation Concerning a Trustee's Independence From the Settlor