INDIANAPOLIS — The Indiana Supreme Court ruled it was okay for a woman to make her son’s inheritance dependent on whether he was married.
The Times of Northwest Indiana reported that the Jackson County woman died in 2016. Her trust awarded her son his share of her estate if he was unmarried at the time of her death, but if he were still married to his third wife his share would go into a sub-trust controlled by her daughter.
The Indiana Court of Appeals ruled last year that those conditions were an illegal restraint on marriage.
State law prohibits wills from limiting marriages by the spouse of the deceased, but the Supreme Court said there aren’t any restrictions that apply to trusts when it comes to marriage.
