Court Says Mom Can Make Sons Inheritance Dependent On His Marital Status

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 court said that nothing in state law prohibits a will from making an inheritance based on certain behavior that must be undertaken, or avoided, by the beneficiary.

The Times of Northwest Indiana reported that the woman died in 2016, and her trust awarded her son his share of her estate if he was unmarried at the time of her death, but if he was still married to his third wife his share would go into a subtrust 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.