In re Guardianship of Word, No. 76A03-1209-GU-395, 2013 Ind. App. Unpub. LEXIS 847 (Ind. Ct. App. Jul. 8, 2013)

Date of decision:

(decedent created trust in 1991 that left all his real estate and farm equipment to a specific beneficiary or to the beneficiary’s children surviving him; decedent purchased additional farmland purchased after trust created; decedent later created pourover will  directing any non-trust probate assets be placed in the trust at death; upon death, deed discovered purporting to transfer farm to decedent and another son, but deed never recorded and decedent held himself out as owner of farm until death and farm listed as asset of estate;  trial court ruled for estate; on appeal court affirmed because farm was probate asset covered by pourover will and included in trust at death and distributed under terms of trust). 

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