Legal Question in Wills and Trusts in Indiana

This question is part of my research for a fictional story. If a person is given a financial gift, but unknown to the giver the person is deceased, and soon after the giver dies, does the gift default to the surviving adult son or daughter, based on the last wishes of the giver? P.S. The giver decided to leave part of her inheritance to a friend who lives in Indiana, and is in danger of defaulting on his dairy farm. Unknown to her, the friend is actually long-deceased (again it's pure fiction). Thanks for your help and advice!


Asked on 8/05/16, 10:59 am

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

You have to decide whether this is a git or an inheritance. If it's under a will, there are rules as to what happens. But if it's a gift, it can't go to anyone by the specific person, so it would revert to the original gift-giver or his/her estate. Best thing to do fictionally is to kill off everyone and then give the money to an evil Satanic Society.

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Answered on 8/08/16, 10:08 am


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