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32-17-5-5. Jurisdiction; guardian ad litem

IN Code § 32-17-5-5 (2019) (N/A)
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Sec. 5. (a) The circuit court, superior court, or probate court:

(1) of the county in which a will, deed, or instrument:

(A) is probated or recorded; and

(B) under or from which a party claims or derives the party's interest in the real or personal property that is the subject of the will, deed, or instrument; or

(2) that has jurisdiction of a trust from which the property is derived;

has jurisdiction to hear and determine the rights of the parties under this chapter. Proceedings under this chapter are commenced by complaint as in other civil actions.

(b) For an infant defendant who is a member of the class for whom property that is the subject of a proceeding under this chapter is held:

(1) in reversion;

(2) in remainder; or

(3) upon condition;

the court shall appoint a special guardian ad litem who is not related to any of the parties interested in the property. The living members stand for and represent the whole class, and the parties stand for and represent the full title and whole interest in the property.

[Pre-2002 Recodification Citation: 32-4-8-2.]

As added by P.L.2-2002, SEC.2. Amended by P.L.84-2016, SEC.136.

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