§ 34-45-2-5 Suits by or against heirs or devisees founded on contract with or demand against ancestor

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34-45-2-5 Suits by or against heirs or devisees founded on contract with or demand against ancestor

    Sec. 5. (a) This section applies to suits by or against heirs or devisees founded on a contract with or demand against an ancestor:

        (1) to obtain title to or possession of property, real or personal, of, or in right of, the ancestor; or

        (2) to affect property described in subdivision (1) in any manner.

    (b) This section does not apply in a proceeding to contest the validity of a:

        (1) will; or

        (2) trust.

    (c) Except as provided in subsection (d), neither party to a suit described in subsection (a) is a competent witness as to any matter that occurred before the death of the ancestor.

    (d) A custodian or other qualified witness in a suit described in subsection (a) may present evidence that is admissible under Indiana Evidence Rule 803(6).