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Judges split in adopted trust-beneficiaries matter

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In an issue of first impression regarding the retroactivity of a 2003 amendment to the state’s trust code, the Indiana Court of Appeals was divided on whether adopted children should have been included as beneficiaries of a trust.

Alex L. Taggart Jr. executed an irrevocable inter vivos trust in 1953, in which JPMorgan Chase Bank is now the trustee. When he created the trust, the entire income of the trust was to go to his son Henry Taggart, and upon Henry’s death, one-third would go to Henry’s widow with the rest divided equally among Henry's “surviving children.” At the time the trust was created, Henry wasn’t married and didn’t have any children.

Also in effect then was the stranger to the adoption rule, in which there’s a presumption a person doesn’t include adopted children in the provision in his will for a child or children of someone other than himself unless there is something in the will to rebut that presumption.

Henry later married and adopted two children, Gregory and Maria. He then divorced and had natural children Linda, Bonnie, and Brenda, by another marriage. Alex died in 1972 and Henry died in 2008. Henry’s second wife and five children survive him.

At issue in Bonnie E. Taggart Paloutzian and Linda M. Taggart v. Gregory A. Taggart and Belle Delint-Eaglesfield, No. 49A02-0908-CV-812, is whether the adopted children Gregory and Maria, now Belle Delinit-Eaglesfield, should be included as beneficiaries of the trust.

The trial court found the adopted children should be included because Indiana Code Section 30-4-2.1-2 can be applied retroactively. This 2003 amendment to the trust code abrogated the stranger to the adoption rule and placed adopted children on equal footing with natural children. It contains a retroactivity provision to apply to all trusts created prior to Sept. 2, 1971, unless doing so would adversely affect a right given to a beneficiary, give a right to any beneficiary he wasn’t intended to have when the trust was created, and other reasons not at issue in this appeal.

The natural children claimed application of the 2003 amendment adversely affects their rights and gives a right to the adopted children when they shouldn’t have one.

The majority applied the amendment to the date it went into effect in 2003 because that’s the day the adopted children received an interest in the trust. At that time, Henry was still alive and it was unknown who the surviving children would be. Therefore, the natural children couldn’t have been adversely affected by the retroactive application, wrote Judge Nancy Vaidik.

Also, there’s no evidence that Alex intended to include or exclude the adopted children based on the wording of the trust, and the natural children didn’t prove that Alex wanted to exclude any adopted children.

But because at the time the trust was executed, the stranger to the adoption rule was in effect, the court should have assumed that Alex knew of it and intended only natural children to be beneficiaries, wrote Judge Terry Crone in his dissent.

He also found the inclusion of any adopted children in 2003 adversely affected the rights of natural children from that time forward and only the extent of the adverse affect was unknown until Henry’s death.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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