(a) If:
(1) a guardian takes possession of property that is:
- (A) jointly owned by or titled in the names of the protected person and another person with rights of survivorship; or
- (B) owned as a multiple party account with another person as joint owner or beneficiary;
(2) the guardian:
- (A) severs the joint ownership of the property; or
- (B) uses the assets of the multiple party account; and
(3) the protected person subsequently dies while the other person is living;
the other person may elect to receive from the protected person's estate property in an amount determined under subsection (b).
- (b) The amount of property the other person described in subsection
(a) may elect to receive is determined in STEP THREE of the following formula:
- (A) the value of the severed or used property retained by the other person at the time ownership was severed or used, if any; from
(B) the value of the joint property or multiple party account at the time ownership was severed or the assets were used.
STEP TWO: Divide:
- (A) the remainder determined under STEP ONE; by
(B) the value of the protected person's property, including the jointly held property or multiple party account, at the time ownership was severed or the assets were used.
STEP THREE: Multiply:
- (A) the quotient determined under STEP TWO; by
- (B) the value of the deceased protected person's net estate.
- (c) As used in this section, "multiple party account" refers to both multiple party accounts described by IC 32-17-11 and transfer on death transfers completed under IC 32-17-14 .
STEP ONE: Subtract:
As added by P.L.33-1989, SEC.73. Amended by P.L.143-2009, SEC.16.