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Indiana Code - Trusts and Fiduciaries - Title 30

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-1

Repealed ( Repealed by Acts 1971, P.L.416, SEC.8.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-2-1

Stocks; bonds; securities Sec. 1. Whenever any trust, or any decedent's estate, or any property subject to the control of any executor, administrator, trustee, guardian or ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-2-2

Securities not listed; terms Sec. 2. Whenever any decedent's estate or any property subject to the control of any executor, administrator, or guardian, shall consist, in ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-3

Repealed ( Repealed by Acts 1971, P.L.416, SEC.8.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-4-1

Eligible investments Sec. 1. (a) Obligations issued by or for the Inter-American Development Bank or the African Development Bank are declared to be eligible investments ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-5-1

Securities; insurance Sec. 1. Every executor, administrator, guardian, trustee, receiver or other fiduciary shall have the power, in such capacity, to invest in the following: ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-6-1

Administrators, executors, and guardians; powers to execute leases; term; jurisdiction; sale of leases; petition Sec. 1. Administrators and executors of ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-6-2

Sale of leases; order of court; notice; royalties; bonus Sec. 2. Upon the filing of a petition under section 1 of this chapter, the court in ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-6-3

Bidding; report; hearing; endorsement Sec. 3. In compliance with the terms of the order for the sale of said oil and gas, coal, or other mineral ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-6-4

Consolidating with adjoining land; joint development Sec. 4. Every guardian, executor, or administrator shall have the power, upon approval by the court wherein the guardianship is ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-6-5

Acts conclusive; disaffirmance denied Sec. 5. Acts of guardians under this chapter are conclusive upon the protected person and any future disaffirmance is denied. (Formerly: ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-7-1

Guardians of minors and incapacitated persons; option contracts for exploring Sec. 1. Guardians of the estates of persons under the age of eighteen (18) years ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-7-2

Petition to execute options; prospectus Sec. 2. Guardians of the estates of persons under the age of eighteen (18) years and incapacitated persons are authorized to ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-7-3

Hearing; order of court Sec. 3. Upon the filing of such petition, the court shall proceed to hear and determine the same either in term time ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-7-4

Binding and conclusive; disaffirmance Sec. 4. Said option and the deed or lease, as the case may be, in the event the option is exercised, shall ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-8-1

Definitions Sec. 1. The words and phrases used in this chapter shall be construed as follows: (a) "Fiduciary" shall mean a bank or trust company ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-8-2

Establishment; conformity with Internal Revenue Code Sec. 2. Any Indiana bank or trust company or any national bank, qualified to act as fiduciary in this state, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-8-3

Written plans; rights of participants Sec. 3. Each common trust fund administered by such bank shall be established and maintained in accordance with a written plan ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-8-4

Participation; proportionate interest Sec. 4. Each fiduciary investment placed in every such common trust fund shall participate on the basis of a proportionate interest in all ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-8-5

Governing laws and regulations Sec. 5. Investment and reinvestment of the money paid into every such fund shall be made, retained and disposed of in accordance ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-8-6

Repealed ( Repealed by P.L.80-1989, SEC.18.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-8-7

Common trust funds for funds held by other bank, trust company, or affiliate as fiduciary Sec. 7. Any: (1) Indiana bank or trust company; or ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-9-1

Repealed ( Repealed by Acts 1971, P.L.416, SEC.8.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-9-2

Repealed ( Repealed by Acts 1971, P.L.416, SEC.8.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-9-3

Repealed ( Repealed by Acts 1971, P.L.416, SEC.8.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-9-4

Repealed ( Repealed by Acts 1971, P.L.416, SEC.8.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-9-5

Repealed ( Repealed by Acts 1971, P.L.416, SEC.8.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-9-6

Resulting trust Sec. 6. When a conveyance for a valuable consideration is made to one (1) person, and the consideration therefor paid by another, no use ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-9-7

Repealed ( Repealed by P.L.144-1994, SEC.4.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-9-8

Resulting trust; absolute conveyance without consent Sec. 8. The provisions of the section next before the last, shall not extend to cases where the alienee shall ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-9-9

Repealed ( Repealed by Acts 1971, P.L.416, SEC.8.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-9-10

Repealed ( Repealed by Acts 1971, P.L.416, SEC.8.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-9-11

Repealed ( Repealed by Acts 1971, P.L.416, SEC.8.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-9-12

Repealed ( Repealed by Acts 1971, P.L.416, SEC.8.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-9-13

Repealed ( Repealed by Acts 1971, P.L.416, SEC.8.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-9-14

Reserving absolute power of revocation Sec. 14. A grantor of lands reserving an absolute power of revocation, shall be deemed an absolute owner, as regards creditors ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-9-15

Disposition more extensive than power Sec. 15. No disposition by virtue of a power, shall be void on the ground that it is more extensive than ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-9-16

Repealed ( Repealed by Acts 1975, P.L.111, SEC.13.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-9-17

Revocation Sec. 17. (a) Every power, beneficial or in trust, shall be irrevocable, unless an authority to ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-9-18

Sale of lands; mortgage or conveyance Sec. 18. Where a power to sell lands shall be given to the grantee, in any mortgage or other conveyance ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-1-9-19

Power of attorney; conveyances Sec. 19. The provisions of this chapter relative to powers, shall not extend to a simple power of attorney to convey lands, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-1.5

Repealed ( Repealed by P.L.275-1985, SEC.2.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-2

Repealed ( Repealed by Acts 1971, P.L.416, SEC.8.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-3

Repealed ( Repealed by Acts 1971, P.L.416, SEC.8.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-4-1

Definitions Sec. 1. (a) In this chapter unless the context or subject-matter otherwise requires: (1) "Bank" includes any person or association of persons, whether ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-4-2

Application of payments made to fiduciaries Sec. 2. A person who in good faith pays or transfers to a fiduciary any money or other ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-4-3

Registration or transfer of securities held by fiduciaries Sec. 3. If an executor, administrator, trustee, guardian or other fiduciary or the nominee of a fiduciary in ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-4-4

Transfer of negotiable instrument by fiduciary Sec. 4. If any negotiable instrument payable or indorsed to a fiduciary as such is indorsed by the fiduciary, or ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-4-5

Check drawn by fiduciary payable to third person Sec. 5. If a check or other bill of exchange is drawn by a fiduciary as such, or ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-4-6

Check drawn by and payable to fiduciary Sec. 6. If a check or other bill of exchange is drawn by a fiduciary as such or in ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-4-7

Deposit in name of fiduciary Sec. 7. If a deposit is made in a bank to the credit of a fiduciary as such, the bank is ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-4-8

Deposit in name of principal Sec. 8. If a check is drawn upon the account of his principal in a bank by a fiduciary who is ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-4-9

Deposit in fiduciary's personal account Sec. 9. If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-4-10

Deposit in names of two or more trustees Sec. 10. When a deposit is made in a bank in the name of two (2) or more ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-4-11

Prior transactions Sec. 11. The provisions of this chapter shall not apply to transactions taking place prior to ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-4-12

Cases not provided for Sec. 12. In any case not provided for in this chapter, the rules of law and equity, including the law merchant and ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-4-13

Uniformity of interpretation Sec. 13. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-4-14

Short title Sec. 14. This chapter may be cited as the Uniform Fiduciaries Act. (Formerly: Acts 1927, c.17, s.14.) As ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-5-1

Definitions Sec. 1. In this chapter and IC 30-2-6, unless the context otherwise requires: (1) "Assignment" includes any written stock ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-5-2

Registration in name of fiduciary Sec. 2. A corporation or transfer agent registering a security in the name of a person who is a fiduciary or ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-5-3

Assignment by fiduciary Sec. 3. Except as otherwise provided in this chapter, a corporation or transfer agent making a transfer of a security pursuant to an ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-5-4

Evidence of appointment or incumbency Sec. 4. A corporation or transfer agent making a transfer pursuant to an assignment by a fiduciary who is not the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-5-5

Adverse claims Sec. 5. (a) A person asserting a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment by ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-5-6

Nonliability of corporation or transfer agent Sec. 6. A corporation or transfer agent incurs no liability to any person by making a transfer or otherwise acting ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-5-7

Nonliability of third persons Sec. 7. (a) No person who participates in the acquisition, disposition, assignment or transfer of a ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-5-8

Territorial application Sec. 8. (a) The rights and duties of a corporation and its transfer agents in registering a security in the name of a fiduciary ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-5-9

Tax obligations Sec. 9. This chapter does not affect any obligation of a corporation or transfer agent with respect ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-5-10

Uniformity of interpretation Sec. 10. This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-5-11

Short title Sec. 11. This chapter may be cited as the Uniform Act for the Simplification of Fiduciary Security Transfers. (Formerly: Acts 1961, c.124, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-6-1

Contributions; self-employment retirement fund Sec. 1. Either: (1) a trust created by an employer as part of a stock bonus, pension, disability, death benefit, or ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-6-2

Income; accumulation Sec. 2. The income arising from any trust within the classification mentioned in the preceding section may be permitted to accumulate in accordance with ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-6-3

Termination of trust; limitation of actions Sec. 3. No rule of law against perpetuities or suspension of the power of alienation of the title to property, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-7-1

Definitions Sec. 1. As used in this chapter, unless the context or subject-matter requires otherwise: (a) "Liquidation proceeding" ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-7-2

Secured creditors' claim must disclose security Sec. 2. In a liquidation proceeding every secured creditor's claim against the general assets shall disclose the nature of the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-7-3

Effect of concealment Sec. 3. Any secured creditor who with intent to evade the provisions of this chapter fails to disclose ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-7-4

Value of security credited upon claims Sec. 4. Dividends paid to secured creditors shall be computed only upon the balance due after the value of all ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-7-5

Determination of value by secured creditor Sec. 5. (1) By collection. When the asset constituting the security is an obligation for the payment of money, the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-7-6

Alternative determination of value Sec. 6. Where valuation under the provisions of section 5 of this chapter is impracticable or would cause undue delay, the court, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-7-7

Exempt security not credited Sec. 7. When any creditor has legal or equitable security upon assets which are exempt from process ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-7-8

Uniformity of interpretation Sec. 8. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-7-9

Short title Sec. 9. This chapter may be cited as Uniform Act Governing Secured Creditors' Dividends in Liquidation Proceedings. (Formerly: Acts 1941, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8

Repealed ( Repealed by P.L.267-1989, SEC.3.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-1

"Adult" defined Sec. 1. As used in this chapter, "adult" means an individual who is at least twenty-one (21) years of age. As added ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-2

"Benefit plan" defined Sec. 2. As used in this chapter, "benefit plan" means an employer's plan for the benefit ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-3

"Broker" defined Sec. 3. As used in this chapter, "broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities, or ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-4

"Custodial property" defined Sec. 4. As used in this chapter, "custodial property" means: (1) an interest in property transferred to a custodian under this chapter; ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-5

"Custodian" defined Sec. 5. As used in this chapter, "custodian" means a person designated as a custodian under section 24 of this chapter or a successor ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-6

"Financial institution" defined Sec. 6. As used in this chapter, "financial institution" means a bank, trust company, savings institution, or credit union chartered and supervised under ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-7

"Guardian" defined Sec. 7. As used in this chapter, "guardian" has the meaning set forth in IC 29-3-1-6. As added by P.L.267-1989, SEC.2. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-8

"Legal representative" defined Sec. 8. As used in this chapter, "legal representative" means an individual's personal representative or guardian. As added by P.L.267-1989, SEC.2. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-9

"Members of the minor's family" defined Sec. 9. As used in this chapter, "member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-10

"Minor" defined Sec. 10. As used in this chapter, "minor" means an individual who is less than twenty-one (21) years of age. As added ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-11

"Person" defined Sec. 11. As used in this chapter, "person" means an individual, corporation, organization, or other legal entity. As added by P.L.267-1989, SEC.2. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-12

"Personal representative" defined Sec. 12. As used in this chapter, "personal representative" means an executor, administrator, successor personal representative, or special administrator of a decedent's estate ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-13

"State" defined Sec. 13. As used in this chapter, "state" includes a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-14

"Transfer" defined Sec. 14. As used in this chapter, "transfer" means a transaction that creates custodial property under section 24 of this chapter. As ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-15

"Transferor" defined Sec. 15. As used in this chapter, "transferor" means a person who makes a transfer under this chapter. As added by P.L.267-1989, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-16

"Trust company" defined Sec. 16. As used in this chapter, "trust company" means a financial institution, corporation, or other legal ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-17

Scope and jurisdiction Sec. 17. (a) This chapter applies to a transfer that refers to this chapter in the designation under section 24(a) of this chapter ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-18

Nomination of custodian Sec. 18. (a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-19

Transfer by gift or exercise of power of appointment Sec. 19. A person may make: (1) a transfer by irrevocable gift to; or (2) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-20

Transfer authorized by will or trust Sec. 20. (a) A personal representative or trustee may make an irrevocable transfer under section 24 of this chapter to ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-21

Other transfers by fiduciary Sec. 21. (a) A personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-22

Transfer by obligor Sec. 22. (a) A person not subject to section 20 or 21 of this chapter that holds property of or owes a liquidated ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-23

Receipt for custodial property Sec. 23. A written acknowledgement of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-24

Manner of creating custodial property and effecting transfer; designation of initial custodian; control Sec. 24. (a) Custodial property is created and a transfer is made if: ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-25

Single custodianship Sec. 25. A transfer may be made only for one (1) minor, and only one (1) person may be the custodian. All custodial property ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-26

Validity and effect of transfer Sec. 26. (a) The validity of a transfer made in a manner prescribed in this chapter is not affected by: ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-27

Care of custodial property Sec. 27. (a) A custodian shall: (1) take control of custodial property; (2) register or record title to custodial property ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-28

Powers of custodian Sec. 28. (a) A custodian acting in a custodial capacity has all the rights, powers, and authority over custodial property ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-29

Use of custodial property; transfer of property to trust Sec. 29. (a) A custodian may deliver or pay to the minor or expend for the minor's ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-30

Custodian's expenses, compensation, and bond Sec. 30. (a) A custodian is entitled to reimbursement from custodial property for reasonable ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-31

Exemption of third person from liability Sec. 31. A person in good faith and without court order may act on the instructions of or otherwise deal ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-32

Liability to third person Sec. 32. (a) A claim based on: (1) a contract entered into by a custodian acting in a custodial capacity; ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-33

Renunciation, resignation, death, or removal of custodian; designation of successor custodian Sec. 33. (a) A person nominated under section 18 of this chapter or designated under ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-34

Accounting by and determination of liability of custodian Sec. 34. (a) A minor who is at least fourteen (14) years of age, the minor's guardian or ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-35

Termination of custodianship Sec. 35. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-36

Applicability Sec. 36. This chapter applies to a transfer within the scope of section 17 of this chapter made after this chapter's effective date: (1) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-37

Effect on existing custodianships Sec. 37. (a) A transfer of custodial property made before July 1, 1989, is validated even if there was no specific authority ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-38

Uniformity of application and construction Sec. 38. This chapter shall be applied and construed to effectuate a general purpose to make uniform the law with respect ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-39

Severability Sec. 39. The provisions of this chapter are severable in the manner provided by IC 1-1-1-8(b). As added by P.L.267-1989, SEC.2. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.5-40

Written election concerning custodial property Sec. 40. (a) If a transferor: (1) has transferred property to a custodian for the benefit of a minor ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-1

Applicability Sec. 1. (a) This chapter applies to a transfer or declaration creating a custodial trust that refers to this chapter if, at the time of ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-2

Transfer under other state's law; enforcement Sec. 2. A transfer made pursuant to an act of another state substantially similar to this chapter is governed by ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-3

Construction Sec. 3. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-4

Citing chapter Sec. 4. This chapter may be cited as the "Indiana Uniform Custodial Trust Act". As added by P.L.3-2003, SEC.1. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-5

"Adult" Sec. 5. As used in this chapter, "adult" means an individual who is at least eighteen (18) years of age. As added by ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-6

"Beneficiary" Sec. 6. As used in this chapter, "beneficiary" means an individual for whom property: (1) has been transferred to; or (2) is held ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-7

"Custodial trust property" Sec. 7. As used in this chapter, "custodial trust property" means the following: (1) An interest in property: (A) transferred to; ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-8

"Custodial trustee" Sec. 8. As used in this chapter, "custodial trustee" means a person designated as: (1) trustee; or (2) substitute or successor to ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-9

"Guardian" Sec. 9. As used in this chapter, "guardian" has the meaning set forth in IC 29-3-1-6. As added by P.L.3-2003, SEC.1. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-10

"Incapacitated" Sec. 10. As used in this chapter, "incapacitated" has the meaning set forth in IC 29-3-1-7.5. As added by P.L.3-2003, SEC.1. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-11

"Legal representative" Sec. 11. As used in this chapter, "legal representative" means a personal representative or guardian. As added by P.L.3-2003, SEC.1. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-12

"Member of the beneficiary's family" Sec. 12. As used in this chapter, "member of the beneficiary's family" means a beneficiary's spouse, descendant, stepchild, parent, stepparent, grandparent, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-13

"Person" Sec. 13. As used in this chapter, "person" means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, or any other legal or ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-14

"Personal representative" Sec. 14. As used in this chapter, "personal representative" has the meaning set forth in IC 29-1-1-3. As added by P.L.3-2003, SEC.1. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-15

"State" Sec. 15. As used in this chapter, "state" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-16

"Transferor" Sec. 16. As used in this chapter, "transferor" means a person who creates a custodial trust by transfer or declaration. As added by ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-17

"Trust company" Sec. 17. As used in this chapter, "trust company" means a financial institution, corporation, or other ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-18

Creating a custodial trust Sec. 18. (a) A person may create a custodial trust of property by a written transfer of the property to another person, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-19

Terminating a custodial trust Sec. 19. (a) Except as provided in subsection (b), a transferor may not terminate a custodial trust. (b) A custodial trust ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-20

Adding trust property Sec. 20. A person may augment existing custodial trust property by the addition of other property under this chapter. As added ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-21

Successor custodial trustee Sec. 21. The transferor may: (1) designate; or (2) authorize the designation of; a successor custodial trustee in the trust ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-22

Creation and enforcement of trust under other law Sec. 22. (a) This chapter does not supersede or restrict other means of creating trusts. (b) A ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-23

Custodial trust upon occurrence of future event Sec. 23. (a) A person having the right to designate the recipient of property payable or transferable upon a ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-24

Custodial trustee's acceptance of trust property Sec. 24. (a) Obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under this ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-25

Transfer for use and benefit of incapacitated individual Sec. 25. (a) Unless otherwise directed by an instrument designating a ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-26

Multiple beneficiaries Sec. 26. (a) Beneficial interests in a custodial trust created for multiple beneficiaries are considered to be separate custodial trusts of equal undivided interests ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-27

Custodial trustee's powers and duties Sec. 27. (a) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-28

Rights and powers Sec. 28. (a) A custodial trustee acting in a fiduciary capacity has all the rights and powers over custodial trust property which an ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-29

Distribution of custodial trust property Sec. 29. (a) If a beneficiary is not incapacitated, the custodial trustee shall: (1) pay to the beneficiary; or ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-30

Administering custodial trust for incapacitated beneficiary Sec. 30. (a) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if: (1) the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-31

Reliance on person purporting to be custodial trustee Sec. 31. (a) A third person in good faith and without a court order may act on ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-32

Claim by third person against custodial trustee Sec. 32. (a) A claim based on: (1) a contract entered into by a custodial trustee acting in ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-33

Resigning or declining to serve as custodial trustee Sec. 33. (a) Before accepting the custodial trust property, a person designated as custodial trustee may decline to ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-34

Compensation of custodial trustee Sec. 34. Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary, or by court ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-35

Written statement of trust administration; petition for accounting Sec. 35. (a) Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-36

Claim against custodial trustee's claim barred against other parties Sec. 36. (a) Except as provided in subsection (c), and unless previously barred by adjudication, consent, or ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-37

Termination of a custodial trust Sec. 37. (a) Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property: (1) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-38

Creating a custodial trust Sec. 38. (a) If a transaction, including a declaration with respect to or a transfer of specific property, otherwise satisfies applicable ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-8.6-39

Severability Sec. 39. The provisions of this chapter are severable in the manner provided by IC 1-1-1-8(b). As added by P.L.3-2003, SEC.1. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-9-1

Agreement or contract; personal property, merchandise, or services; General Cemetery law Sec. 1. (a) Any payment of money made to any ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-9-1.5

Funeral trusts Sec. 1.5. (a) After June 30, 1978, but before July 1, 1982, an individual may establish one (1) funeral trust under this section, in ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-9-2

Deposit of funds; investments Sec. 2. All trust funds paid under section 1(a) of this chapter shall be deposited in a bank or trust company whose ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-9-3

Permits; fidelity bonds; accounts, books, and records Sec. 3. No person, firm, partnership, association, limited liability company, or corporation may accept or hold trust funds paid ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-9-4

Deposits or investments; interest or dividends; withdrawal; forfeiture Sec. 4. The amount or amounts deposited or invested, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-9-5

Compensation and expenses of trustee Sec. 5. This chapter shall not be construed to prohibit a trustee under section 1(a) of this chapter ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-9-6

Liquidated damages Sec. 6. It shall be unlawful for any such agreement or agreements to provide for forfeiture and retention of payments upon any such agreement ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-9-7

False reports Sec. 7. A person who violates this chapter or makes any false and fraudulent report required under this chapter commits a Class B misdemeanor. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-9-8

Partial invalidity of law Sec. 8. If any part or parts of this chapter shall be held unconstitutional, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-10-1

Establishment Sec. 1. An individual may establish one (1) funeral trust under this chapter, in lieu of any other arrangements for advance payment for funeral and ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-10-2

Payments required to be made to accounts in certain banks, trust companies, and other institutions Sec. 2. It is unlawful to enter into any agreement or ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-10-3

Validity of trust; requirements Sec. 3. A funeral trust established under this chapter is valid only if it: (1) is irrevocable; (2) has only ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-10-4

Trustee; expenses and compensation Sec. 4. The trustee, in the administration of funds accepted under this chapter, may be reimbursed and receive from the funds its ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-10-5

Contracts; required provisions Sec. 5. The contract under which funds are accepted under this chapter must be in writing and contain, as a minimum, the following ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-10-6

Change of beneficiary; procedure Sec. 6. If the settlor changes the beneficiary, he must: (1) select a new beneficiary licensed under IC 25-15, or a ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-10-7

Delivery of copy of contract to settlor Sec. 7. (a) The settlor shall be furnished an executed copy of the contract. (b) If a contract ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-10-8

Management of funds by financial institutions; annual reports from beneficiaries Sec. 8. (a) Indiana financial institutions in which trust funds have been deposited in accordance with ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-10-9

Violations; offense Sec. 9. A person who knowingly violates this chapter commits a Class A misdemeanor. As added by Acts 1982, P.L.179, SEC.2. Amended ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-10-10

Incapacity, resignation, and removal of trustees Sec. 10. IC 30-4-3-29 governs procedures concerning the incapacity, resignation, or removal of a trustee. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-11

Repealed ( Repealed by P.L.149-1991, SEC.6.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-12-1

Application of chapter Sec. 1. This chapter applies to an institutional fund. As added by P.L.268-1989, SEC.1. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-12-1.5

"Community foundation or trust" defined Sec. 1.5. As used in this chapter, "community foundation or trust" means an organization, including: (1) a trust; (2) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-12-2

"Endowment fund" defined Sec. 2. As used in this chapter, "endowment fund" means an institutional fund, or any part of the fund, not wholly expendable by ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-12-3

"Gift instrument" defined Sec. 3. As used in this chapter, "gift instrument" means a will, a deed, a grant, a conveyance, an agreement, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-12-4

"Governing board" defined Sec. 4. As used in this chapter, "governing board" means the body responsible for the management of an institution or of an institutional ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-12-5

"Institution" defined Sec. 5. As used in this chapter, "institution" means any of the following: (1) An approved institution of higher learning (as defined in ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-12-6

"Institutional fund" defined Sec. 6. (a) As used in this chapter, "institutional fund" means a fund held by an institution for its exclusive use, benefit, or ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-12-7

Board resolution adopting chapter provisions Sec. 7. The governing board may operate under this chapter with respect to an institutional fund only if the governing board ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-12-8

Expenditure of endowment fund assets; determination of fund historic value Sec. 8. (a) The governing board may appropriate for expenditure for the uses and ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-12-9

Restriction on expenditure of net appreciation of fund assets; implied restrictions Sec. 9. Section 8 of this chapter does not apply if the applicable gift instrument ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-12-10

Investment and management of institutional fund assets Sec. 10. In addition to an investment otherwise authorized by law or by the applicable gift instrument, and without ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-12-11

Investment powers of board Sec. 11. Except as otherwise provided by the applicable gift instrument or by applicable law relating to institutions or institutional funds, the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-12-12

Board's duty of ordinary business care and prudence Sec. 12. In operating under this chapter, the governing board shall exercise ordinary business care and prudence under ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-12-13

Release of restrictions on use or investment of institutional funds; cy pres doctrine Sec. 13. (a) With the written consent of the donor, the governing board ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-1

Applicability of chapter Sec. 1. (a) Except as provided in subsection (b), this chapter applies to any written agreement between a purchaser and a seller that ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-2

"Agent" defined Sec. 2. As used in this chapter, "agent" means a person authorized by a seller to offer, sell, or solicit the sale of a ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-2.5

"At-need services and merchandise" defined Sec. 2.5. (a) As used in this chapter, "at-need services and merchandise" includes personal property or services: (1) listed in ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-3

"Board" defined Sec. 3. As used in this chapter, "board" refers to the state board of funeral and cemetery service established by IC 25-15-9-1. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-4

"Contract" defined Sec. 4. As used in this chapter, "contract" means a written agreement between a purchaser and a seller that: (1) obligates ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-5

"Delivery" defined Sec. 5. As used in this chapter, "delivery" means the time when: (1) services are performed in connection with the funeral or other ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-6

"Fund" defined Sec. 6. As used in this chapter, "fund" refers to the preneed consumer protection fund established by section 28 of this chapter. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-7

"Insurance policy" defined Sec. 7. As used in this chapter, "insurance policy" means a policy providing one (1) or more of the types of insurance described ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-8

"Prepaid services or merchandise" or "services or merchandise" defined Sec. 8. As used in this chapter, "prepaid services or merchandise" or "services or merchandise" includes personal ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-9

"Purchaser" defined Sec. 9. (a) Except as provided in subsection (b), as used in this chapter, "purchaser" means a person or firm contracting with a seller ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-10

"Seller" defined Sec. 10. As used in this chapter, "seller" means a person doing business as a sole proprietor, a firm, a limited liability company, a ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-11

"Trustee" or "escrow agent, acting as a fiduciary" defined Sec. 11. (a) As used in this chapter, "trustee" or "escrow agent, acting as a fiduciary", means ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-11.5

"Cash advance item" defined Sec. 11.5. (a) As used in this chapter, "cash advance item" means an item of property, or services, or merchandise that is ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-12

Contracts Sec. 12. (a) This section applies to contracts for prepaid services or merchandise, or both, entered into under this chapter before January 1, 1996. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-12.1

Contracts entered into after December 31, 1995, and before July 1, 1999 Sec. 12.1. (a) This section applies to contracts for prepaid services or merchandise, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-12.5

Contracts entered into after June 30, 1999 Sec. 12.5. (a) This section applies to the following contracts entered into or established under this chapter after June ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-13

Designation of successor sellers Sec. 13. (a) Notwithstanding section 10 of this chapter, as used in this section, "seller" means an individual, a person doing business ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-14

Conversion of trust or escrow agreement; change in method of funding; new or successor trustee or escrow agent Sec. 14. (a) A trust or an escrow ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-15

Loss of certificate of authority or license by seller; notice to purchaser; selection of new seller; ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-16

Sale, consolidation, merger, disposal, or lease of assets in bulk; designation of successor Sec. 16. (a) Except for sales of stock or merchandise in the ordinary ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-17

Successors to seller; obligations Sec. 17. A seller may not sell the seller's stock, business, or assets, transfer assets, merge or consolidate, in whole or in ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-18

Compensation and expenses of trustee; withdrawal of tax liability Sec. 18. A trustee or an escrow agent may be reimbursed for necessary expenses and be paid ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-19

Common trust fund Sec. 19. (a) A trustee may place trust money in a common or commingled trust fund under a single trust instrument. (b) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-20

Funeral service contracts; ratification by funeral director Sec. 20. If an agent and a purchaser execute a contract covering funeral services (as defined in IC 25-15), ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-21

Agents of seller; seller liability; written statement Sec. 21. A seller who solicits for or enters into a contract under this chapter must satisfy the following ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-22

Seller bond or permit Sec. 22. A bond or permit is not required of a seller except as specifically required in this chapter. As ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-23

Contracts; invalid provisions Sec. 23. A contract is invalid if the contract allows the purchaser the right to: (1) convert, substitute, or exchange the purchase ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-24

Seller or agent; prohibited acts Sec. 24. A seller or an agent may not knowingly do the following: (1) Except on request ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-25

Solicitation of sales; conditions Sec. 25. Solicitation of a sale of prepaid services or merchandise is permitted by a seller or an agent of a seller ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-26

Confidentiality of contracts Sec. 26. During the lifetime of the purchaser the contract executed under this chapter is confidential and neither the seller nor the trustee ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-27

Payments to board Sec. 27. Each seller of a prepaid contract under this chapter shall pay to the board on a form provided by it not ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-28

Preneed consumer protection fund; establishment; funding Sec. 28. (a) The preneed consumer protection fund is established. The board shall deposit receipts under section 27 of this ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-29

Use of money in fund Sec. 29. (a) Money in the fund may be used to provide restitution to a seller who performs a defaulted contract, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-30

Seller records and books Sec. 30. (a) The seller shall maintain accurate records, books, and accounts for each contract sold under this chapter containing the following: ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-31

Annual report Sec. 31. (a) A seller who is required to register under this article, a cemetery under IC 25-15-9-17, a funeral home under IC 25-15, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-32

General price list Sec. 32. A seller of: (1) prepaid services or merchandise; or (2) at-need services or merchandise; shall maintain for display ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-33

Certificates of authority Sec. 33. (a) A seller may not sell or provide prepaid services or merchandise or a contract designed to provide a funding mechanism ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-34

Rules Sec. 34. The board may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.200-1991, SEC.1. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-35

Seller misrepresentation Sec. 35. It is a violation of this chapter for a seller to misrepresent the character, quality, durability, or suitability for a specific or ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-36

Suspension of certificates of authority; fines Sec. 36. The board may suspend the certificate of authority of a seller who violates a provision of this chapter. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-37

Repealed ( Repealed by P.L.207-1993, SEC.35.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-13-38

Uncured deceptive acts; violations; injunctive relief; private right of action Sec. 38. (a) A seller who violates a provision of this chapter commits an uncured deceptive ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-1

"Accounting period" defined Sec. 1. As used in this chapter, "accounting period" means a calendar year unless another twelve (12) month period is selected by a ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-2

"Beneficiary" defined Sec. 2. As used in this chapter, "beneficiary" includes, in the case of: (1) a decedent's estate, an heir, and a devisee; and ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-3

"Fiduciary" defined Sec. 3. As used in this chapter, "fiduciary" means a personal representative or a trustee. The term includes an ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-4

"Income" defined Sec. 4. As used in this chapter, "income" means money or property that a fiduciary receives as current return from a principal asset. The ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-5

"Income beneficiary" defined Sec. 5. As used in this chapter, "income beneficiary" means a person to whom net income of a trust is or may be ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-6

"Income interest" defined Sec. 6. As used in this chapter, "income interest" means the right of an income beneficiary to receive all or part of net ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-7

"Mandatory income interest" defined Sec. 7. As used in this chapter, "mandatory income interest" means the right of an income beneficiary to receive net income that ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-8

"Net income" defined Sec. 8. As used in this chapter, "net income" means the total receipts allocated to income during an accounting period minus the disbursements ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-9

"Person" defined Sec. 9. As used in this chapter, "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-10

"Principal" defined Sec. 10. As used in this chapter, "principal" means property that is held in trust for distribution to a remainder beneficiary when the trust ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-11

"Remainder beneficiary" defined Sec. 11. As used in this chapter, "remainder beneficiary" means a person entitled to receive principal when an income interest ends. As ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-12

"Terms of a trust" defined Sec. 12. As used in this chapter, "terms of a trust" means the manifestation of the intent of a settlor or ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-13

"Trustee" defined Sec. 13. As used in this chapter, "trustee" includes an original, additional, or successor trustee, whether or not ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-14

Allocating receipts and disbursements between principal and income Sec. 14. (a) The following applies to a fiduciary in allocating receipts and ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-15

Power of trustee to adjust between principal and income Sec. 15. (a) A trustee may adjust between principal and income to the extent the trustee considers ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-16

Notice of proposed action Sec. 16. (a) A trustee may give a notice of proposed action regarding a matter governed by this chapter as set forth ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-17

Discretionary powers of fiduciary; failure to exercise power; remedies Sec. 17. (a) A court shall not change ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-18

Distributions to beneficiaries; payment of fees and costs Sec. 18. After an individual dies, in the case of an estate, or after an income interest in ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-19

Beneficiary's share of net income Sec. 19. (a) Each beneficiary described in section 18(4) of this chapter is entitled to receive a portion of the net ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-20

Income interest; asset subject to trust Sec. 20. (a) An income beneficiary is entitled to net income from the date on which the income interest begins. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-21

Income receipts and disbursements Sec. 21. (a) A trustee shall allocate an income receipt or disbursement other ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-22

Termination of mandatory income interest Sec. 22. (a) As used in this section, "undistributed income" means net income received before the date on which an income ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-23

Receipts from an entity Sec. 23. (a) As used in this section, "entity" means a corporation, partnership, limited liability company, regulated investment company, real estate investment ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-24

Distributions of principal and income from trust or estate Sec. 24. A trustee shall allocate to: (1) income an amount received as a distribution of ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-25

Separate accounting records for business or activity Sec. 25. (a) If a trustee who conducts a business or other activity determines that it is in the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-26

Receipts and property allocated to principal Sec. 26. A trustee shall allocate to principal: (1) to the extent not allocated to income under this chapter, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-27

Rental property receipts Sec. 27. To the extent that a trustee accounts for receipts from rental property under this section, the trustee shall allocate to income ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-28

Obligation to pay money to trustee Sec. 28. (a) An amount received as interest, whether determined at a fixed, variable, or floating rate, on an obligation ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-29

Life insurance policy proceeds; proceeds of other contracts Sec. 29. (a) Except as otherwise provided in subsection (b), a trustee shall allocate to principal the proceeds ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-30

Insubstantial allocation between principal and income Sec. 30. If a trustee determines that an allocation between principal and income ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-31

Allocating payments to principal or income Sec. 31. (a) This section does not apply to payments to which section 32 of this chapter applies. (b) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-32

Receipts from liquidating asset Sec. 32. (a) As used in this section, "liquidating asset" means an asset whose value will diminish or terminate because the asset ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-33

Receipts from an interest in minerals or other natural resources Sec. 33. (a) To the extent that a trustee accounts for receipts from an interest in ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-34

Net receipts from the sale of timber and related products Sec. 34. (a) To the extent that a trustee accounts for receipts from the sale of ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-35

Marital deduction for trust assets Sec. 35. (a) If: (1) a marital deduction is allowed for all or part of a trust whose assets consist ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-36

Transactions in derivatives; granting, acquiring, or exercising an option Sec. 36. (a) As used in this section, "derivative" means a contract or financial instrument or a ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-37

Asset backed securities Sec. 37. (a) As used in this section, "asset backed security" means an asset whose value is based upon the right it gives ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-38

Disbursements from income Sec. 38. A trustee shall make the following disbursements from income to the extent that they are not disbursements to which section 18(2)(B) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-39

Disbursements from principal Sec. 39. (a) A trustee shall make the following disbursements from principal: (1) the remaining one-half (1/2) of the disbursements described in ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-40

Principal asset subject to depreciation Sec. 40. (a) As used in this section, "depreciation" means a reduction in value due to wear, tear, decay, corrosion, or ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-41

Principal disbursements; income transfers to reimburse principal or create principal disbursement reserve Sec. 41. (a) If a trustee makes or expects to make a principal disbursement ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-42

Tax payments Sec. 42. (a) A tax required to be paid by a trustee based on receipts allocated to income must be paid from income. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-43

Adjustments to offset shifting of economic interests or tax benefits between income beneficiaries and remainder beneficiaries Sec. 43. (a) A fiduciary may make adjustments between principal ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-14-44

Uniformity of the law Sec. 44. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-1

"Current valuation year" Sec. 1. As used in this chapter, "current valuation year" means the year of the trust for which the unitrust amount is being ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-2

"Income trust" Sec. 2. As used in this chapter, "income trust" means a trust created by an inter vivos or a testamentary instrument that has terms ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-3

"Net fair market value" Sec. 3. As used in this chapter, "net fair market value" means the fair market value of each asset comprising the trust ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-4

"Total return unitrust" Sec. 4. As used in this chapter, "total return unitrust" means an income trust that has been converted to a total return unitrust ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-5

"Trustee" Sec. 5. As used in this chapter, "trustee" refers to the: (1) trustee of a trust; or (2) if at least two (2) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-6

"Unitrust amount" Sec. 6. As used in this chapter, "unitrust amount" means an amount computed as a percentage of the fair market value of the trust ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-7

"Unitrust rate" Sec. 7. As used in this chapter, "unitrust rate" means the percentage of the fair market value ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-8

"Year" Sec. 8. As used in this chapter, "year" means a calendar year. As added by P.L.3-2003, SEC.2. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-9

Trustee's power to convert trust, reconvert trust, and change unitrust rate Sec. 9. A trustee may: (1) release the trustee's power to adjust between trust ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-10

Acting without court approval Sec. 10. (a) Unless expressly prohibited in the governing trust instrument, and if the trustee would not be ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-11

Petition by trustee Sec. 11. If a trustee: (1) receives an objection under section 10 of this chapter; (2) elects not to proceed under ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-12

Petition by trust beneficiary Sec. 12. A trust beneficiary described in IC 30-2-14-16(b) may petition the court having jurisdiction of the trust to order the trustee ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-13

When court shall approve conversion, reconversion, or change in rate Sec. 13. If the court finds that the conversion, reconversion, or change in the unitrust rate ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-14

Reconversion's release of power to adjust void Sec. 14. This section applies if a total return unitrust is reconverted ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-15

Conversion to unitrust; unitrust rate Sec. 15. (a) When a trustee gives notice of a proposed action under section 10 of this chapter to convert a ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-16

Unitrust amount; initial two years of trust Sec. 16. For the first two (2) years of the trust or the first two (2) years after the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-17

Unitrust amount; successive years Sec. 17. Beginning with the third year of the trust, and each year after that year, the unitrust amount for a current ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-18

Net fair market value of unitrust assets Sec. 18. In determining the net fair market value of each asset held in the trust under sections 16 ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-19

Trustee powers Sec. 19. (a) The trustee may exclude any assets for which the fair market value is not readily determinable from the determination of net ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-20

Prohibited reduction in unitrust amount Sec. 20. The unitrust amount may not be reduced for expenses that would be deducted from income if the trust were ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-21

Adjusting net fair market values of assets Sec. 21. For purposes of section 16 of this chapter, the net fair market values of the assets held ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-22

Prorating unitrust amount in short year Sec. 22. (a) As used in this section, "short year" refers to a part of a calendar year that: ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-23

Unitrust amount's satisfying tax law requirement of preserving tax benefit Sec. 23. (a) This section applies to the following trusts: (1) A trust for which ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-24

Construing the governing instrument Sec. 24. After the income trust is converted to a total return unitrust under this chapter, both of the following apply: ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-25

Paying the unitrust amount Sec. 25. (a) Except as provided in subsection (b), and unless otherwise provided by the governing instrument, the unitrust amount shall be ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-15-26

Immunity of trustee Sec. 26. (a) A trustee who in good faith acts or fails to act under section 9 of this chapter is not ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-16-1

"Participant" Sec. 1. As used in this chapter, "participant" means an individual who has accumulated a balance of funds with a payroll savings plan administrator through ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-16-2

"Payroll savings plan" Sec. 2. As used in this chapter, "payroll savings plan" means a method provided by an employer to the employer's employees for the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-16-3

"Payroll savings plan administrator" Sec. 3. As used in this chapter, "payroll savings plan administrator" means an organization that: (1) has been qualified by the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-16-4

"Static balance" Sec. 4. As used in this chapter, "static balance" means an amount held by a payroll savings plan administrator for a participant who: ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-16-5

Static balance administration services; reimbursement of administrator Sec. 5. Subject to this chapter, a payroll savings plan administrator is entitled to reimbursement from a static balance ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-16-6

Applicability of reimbursement provision Sec. 6. Section 5 of this chapter applies only to an account in which the static balance does not exceed fifty dollars ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-16-7

Static balance accounts reportable as unclaimed property; inapplicability of reimbursement provisions Sec. 7. Section 5 of this chapter does not apply to accounts containing a static ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-2-16-8

Static balance account; maximum monthly charge Sec. 8. The maximum charge that may be imposed on an account with a static balance is one dollar ($1) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-3-2

Repealed ( Repealed by Acts 1971, P.L.416, SEC.8.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-3-3-1

Order of court; time Sec. 1. In any case where real estate is to be sold under the orders of any court of competent jurisdiction, and ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-3-4-1

Application of chapter; home for indigent women, worthy poor, or orphaned children Sec. 1. Notwithstanding IC 30-4-2-2 and IC 30-4-3-33, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-3-4-2

Determination by board of commissioners to relinquish trust Sec. 2. If the board of commissioners determines: (1) that the amount of money or property given, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-3-4-3

Certifying transcript of finding; recording Sec. 3. The auditor of a county in which the board of commissioners ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-1-1

Definition of "trust"; relationships excluded from this article; transferability of employee benefit trust Sec. 1. (a) A trust is a fiduciary relationship between a person who, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-1-1.5

IC 30-2-4 and IC 30-2-5 not repealed Sec. 1.5. This article does not repeal: (1) IC 30-2-4 (the Uniform Fiduciaries Act); or (2) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-1-2

Other definitions Sec. 2. As used in this article: (1) "Adult" means any person eighteen (18) years of age or older. (2) "Affiliate" means ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-1-3

Application and interpretation of rules of law and terms of trust Sec. 3. (Application and Interpretation of the Rules of Law and the Terms of the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-1-4

Application of this article with respect to pre-existing trusts Sec. 4. (Application of the Article with Respect to Pre-Existing Trusts) Except as provided elsewhere ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-1-5

Construction of pronouns Sec. 5. (Construction of Pronouns) A pronoun used in this article may be construed, unless the context requires otherwise, without regard to ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-1-6

Construction of singular number Sec. 6. (Construction of Singular Number) Any word appearing in the singular number in this article may be construed as plural, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-1-7

Trust Code Study Commission report Sec. 7. (Trust Code Study Commission Report) The report of the Trust Code Study Commission made according to IC 1971, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-1-8

Effect of requirement of exercising power of appointment by reference Sec. 8. If a trust creating a power of appointment ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-1-9

Specific indication of power of appointment required Sec. 9. A trust shall not operate as to the exercise of a power of appointment, which the settlor ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-1-10

Distribution under laws of intestate succession when manner not specified Sec. 10. If a distribution in favor of "descendants", "issue", or "heirs of the body" does ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-1-11

Choice of law Sec. 11. The meaning and legal effect of a distribution under a trust shall be determined by the law of the state selected ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-1-12

Persons born out of wedlock Sec. 12. In construing a trust making a distribution to a person described by relationship to the settlor or to another ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-1-13

Applicability of constructive trust provisions Sec. 13. IC 29-1-2-12.1 applies to a trust. As added by P.L.238-2005, SEC.20. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-1-a

Version a Written evidence of terms; definite terms; validity of inter vivos trust Note: This version of section effective until 1-1-2006. See also following ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-1-b

Version b Written evidence of terms; definite terms; validity of inter vivos trust; existence of trust beneficiaries; creation of trust by exercise of power of appointment ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-1.5

Trust not created by will; requirements Effective 1-1-2006. Sec. 1.5. (a) Except as provided in subsection (b), a trust that is ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-2-a

Version a Acceptance by trustee Note: This version of section effective until 1-1-2006. See also following version of this section, effective 1-1-2006. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-2-b

Version b Acceptance by trustee Note: This version of section effective 1-1-2006. See also preceding version of this ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-3

Repealed ( Repealed by P.L.293-1983, SEC.2.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-4

Repealed ( Repealed by P.L.293-1983, SEC.2.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-5

Life insurance trusts Sec. 5. (Life Insurance Trusts) Proceeds of life insurance policies heretofore made payable to a trustee or trustees named as beneficiary or ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-6

Nature of trustee's estate Sec. 6. (Nature of the Trustee's Estate) (a) The trustee takes the title to the trust property. (b) The extent ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-7

Nature of beneficiary's estate Sec. 7. (Nature of the Beneficiary's Estate) (a) The beneficiary takes an equitable interest ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-8

Merger of estates Sec. 8. (a) If the settlor transfers both the title and the entire equitable interest in property to the same person as both ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-9

Necessity of powers or duties Sec. 9. (Necessity of Powers or Duties) Subject to 30-4-2-13, if the trustee has neither a power nor a duty ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-10-a

Version a Capacity of settlor Note: This version of section effective until 1-1-2006. See also following version of this section, effective 1-1-2006. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-10-b

Version b Capacity of settlor Note: This version of section effective 1-1-2006. See also preceding version of this section, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-11

Capacity of trustee Sec. 11. (Trustee's Capacity) (a) If the trustee is a natural person, he must have the capacity to take, hold, and deal ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-12

Illegality Sec. 12. (Illegality) (a) The terms of the trust may not require the trustee to commit a criminal or tortious act or an act ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-13

Application of statute of uses Sec. 13. (Application of Statute of Uses) If the trust property includes real property, and, under the terms of the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-14

Assignment of beneficiary's interest Sec. 14. (Assignment of Beneficiary's Interest) (a) If the terms of the trust give the trustee the power to sell the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-15

Divorce or annulment of marriage; effect on revocable trust Sec. 15. (a) This section does not apply to a trust: (1) that is irrevocable on ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-16

Election by surviving spouse to take share against settlor's will; distribution of remainder Sec. 16. (a) This section applies to: (1) property in a trust ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-17

Valid purposes of charitable trust; selection of purpose or beneficiary if not specified by trust Sec. 17. (a) A charitable trust ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-18

Trust for care of animal Sec. 18. (a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2-19

Trust for noncharitable purpose Sec. 19. (a) Except as provided in section 18 of this chapter, a trust may be created for a: (1) noncharitable ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2.1-1

Construction Sec. 1. In the absence of a contrary intent appearing in the trust, a trust shall be construed in accordance with the rules in this ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2.1-2

Adopted children Sec. 2. (a) Except as provided in subsection (b), in construing a trust naming as beneficiary a person described by relationship to the settlor ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2.1-3

No contest provision void Sec. 3. A provision in a trust that provides, or has the effect of providing, that a beneficiary forfeits a benefit from ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2.1-4

Children born after trust's creation Sec. 4. (a) Except as provided in subsection (b) and section 5 of this chapter, when a settlor fails to provide ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2.1-5

Mistaken belief that settlor's child deceased Sec. 5. (a) Except as provided in subsection (b), if, at the time of the making of the trust, the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2.1-6

Void, revoked, or lapsed devise Sec. 6. If a devise of real or personal property, not included in the residuary clause of the trust: (1) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2.1-7

Beneficiary predeceases settlor Sec. 7. (a) As used in this section, "descendant" includes the following: (1) A child adopted before the child is twenty-one (21) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2.1-8

Kindred of the half blood Sec. 8. Kindred of the half blood are entitled to receive the same trust interest that they would have received if ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2.1-9

Applicability of adultery and abandonment forfeiture provisions Sec. 9. A trust of a deceased spouse is subject to the following: (1) IC 29-1-2-14. (2) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-2.1-11

Written statement or list disposing of tangible personal property Sec. 11. (a) A written statement or list that: (1) complies with this section; and ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-1

Repealed ( Repealed by P.L.238-2005, SEC.63.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-1.5

Revocation or amendment of trust by settlor Sec. 1.5. (a) This subsection applies to a trust created under an instrument executed after June 30, 2005. Unless ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-2

Power to restrain transfer of a beneficiary's interest Sec. 2. (a) The settlor may provide in the terms of the trust that the interest ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-3

Powers of trustees Sec. 3. (a) Except as provided in the terms of the trust and subject to subsection (c), a trustee has the power to ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-4

Exercise of powers by multiple, successor, or surviving trustees Sec. 4. (Exercise of Powers by Multiple, Successor, or Surviving Trustees) Unless the terms of ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-5

Conflict of interest in exercise of powers Sec. 5. (Conflict of Interest in Exercise of Powers) (a) If the duty of the trustee in the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-6

Duties of trustee Sec. 6. (a) The trustee has a duty to administer a trust according to its terms. (b) Unless the terms of the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-6.5

Liability of trustee for lack of knowledge of event affecting administration or distribution of trust Sec. 6.5. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-7

Self-dealing; transactions between trusts Sec. 7. (a) Unless the terms of the trust provide otherwise, the trustee has a duty: (1) not to loan funds ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-8

Duties of co-trustees Sec. 8. (Duties of Co-Trustee) Unless the terms of the trust provide otherwise, if there are two (2) or more trustees, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-9

Duty of trustee under control of third persons Sec. 9. (Duty of Trustee under Control of Third Person) (a) If the terms of the trust ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-10

Liability to third persons Sec. 10. (Liability to Third Persons) (a) Unless the terms of the contract or other non-negotiable obligation expressly provide otherwise, the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-11

Liability of the trustee to the beneficiary Sec. 11. (Liability of the Trustee to the Beneficiary) (a) The trustee is accountable to the beneficiary for ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-12

Liability for breach of trust by co-trustee Sec. 12. (Liability for Breach of Trust by Co-Trustee) A trustee becomes liable to the beneficiary for a ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-13

Liability of a successor trustee Sec. 13. (Liability of a Successor Trustee) A successor trustee becomes liable for a breach of trust of his predecessor ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-14

Contribution and indemnity Sec. 14. (Contribution and Indemnity) (a) Except as stated in subsection (b) of this section, if two (2) or more co-trustees are ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-15

Remedies of trustee against third persons Sec. 15. (Remedies of the Trustee against Third Persons) The trustee may maintain in his representative capacity a civil action ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-16

Remedies among co-trustees Sec. 16. (Remedies among Co-Trustees) Any trustee may maintain an action against a co-trustee to: (a) compel him to perform his ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-17

Remedies of trustee against beneficiary Sec. 17. (Remedies of Trustee against Beneficiary) The trustee may maintain a civil action against a beneficiary for any legal ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-18

Other remedies of the trustee Sec. 18. (Other Remedies of the Trustee) (a) If there is reasonable doubt with respect to any matter relating to ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-19

Relief of trustee's liability for breach of trust Sec. 19. (Relief of Trustee's Liability for Breach of Trust) (a) Unless the terms of the trust ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-20

Liability of beneficiary Sec. 20. (Liability of Beneficiary) (a) A beneficiary is liable for loss to the trust estate if he has: (1) misappropriated ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-21

Remedies of beneficiary against third persons Sec. 21. (Remedies of the Beneficiary against Third Persons) If the trustee has a claim against a third person ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-22

Remedies of the beneficiary against the trustee Sec. 22. (Remedies of the Beneficiary against the Trustee) (a) A beneficiary of a trust may maintain an ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-23

Remedy of a beneficiary against a co-beneficiary Sec. 23. (Remedy of a Beneficiary against a Co-Beneficiary) (a) If no recovery can be made from the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-24

Repealed ( Repealed by P.L.238-2005, SEC.63.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-24.4

Modification or termination of trust by court Sec. 24.4. (a) The court may modify the administrative or dispositive ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-24.5

Termination by trustee of trust with value less than $75,000 Sec. 24.5. (a) This section does not apply to an easement for conservation or preservation. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-25

Rescission and reformation Sec. 25. (Recission and Reformation) Upon petition by an interested party, the court may rescind or reform a trust according to the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-26

Power to direct a deviation from the terms of the trust Sec. 26. (Power to Direct a Deviation from the Terms of the Trust) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-27

Cy pres doctrine Sec. 27. (a) If property is given to a trust for a benevolent public purpose and the property is to be applied to ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-28

Repealed ( Repealed by P.L.238-2005, SEC.63.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-29

Removal, resignation, and appointment of trustees Sec. 29. (a) A trustee may be removed as follows: (1) By the court. (2) By the person, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-29.5

Corporate trustee that acquires trust due to change in control Sec. 29.5. (a) Except as provided in subsection (b) and unless the trust instrument provides otherwise, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-30

Effect of this article on the court's equity powers Sec. 30. (Effect of This Article on the Court's Equity Powers) Except as otherwise provided in this ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-31

Judicial modification of trusts for benevolent public purpose and certain transfers not in trust; federal compliance Sec. 31. (a) This section is enacted for the purpose ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-32

Trustee's liability for breach of trust Sec. 32. (a) Except as stated in subsections (b) and (c), the trustee, by provisions of the trust, can be ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-33

Trustee vacancies; priority for filling vacancy Sec. 33. (a) In addition to the terms of a trust regarding the circumstances under which a trustee ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-34

Petition to determine heirs and interests in trust estate Sec. 34. (a) At any time during the administration of a trust, a trustee or any interested ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3.5-1

Compliance with prudent investor rule Sec. 1. (a) Except as otherwise provided in subsection (b), a trustee who invests and manages trust assets owes a duty ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3.5-2

Prudent investor rule Sec. 2. (a) A trustee shall invest and manage trust assets as a prudent investor would, by considering ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3.5-3

Diversification of investments Sec. 3. A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3.5-4

Review of trust assets Sec. 4. Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3.5-5

Trust managed in interest of beneficiaries Sec. 5. A trustee shall invest and manage the trust assets solely in the interest of the beneficiaries. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3.5-6

Impartial management Sec. 6. If a trust has at least two (2) beneficiaries, the trustee shall act impartially in investing and managing the trust assets, taking ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3.5-7

Costs Sec. 7. In investing and managing trust assets, a trustee may only incur costs that are appropriate and reasonable in relation to the assets, the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3.5-8

Determination of compliance with prudent investor rule Sec. 8. Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3.5-9

Delegation of functions by trustee Sec. 9. (a) A trustee may delegate investment and management functions that a prudent trustee of comparable skills could properly delegate ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3.5-10

Authorization of investments or strategies Sec. 10. The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3.5-11

Applicability of chapter Sec. 11. This chapter applies to trusts existing on and created after June 30, 1999. As applied to trusts existing on June 30, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3.5-12

Purpose of chapter Sec. 12. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3.5-13

Short title Sec. 13. This chapter may be cited as the "Indiana Uniform Prudent Investor Act". As added by P.L.137-1999, SEC.3. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-4-1

Presumption of trustee's authority Sec. 1. (Presumption of Trustee's Authority) (a) Except as provided in subsection (b) of this section, any third person dealing with ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-4-2

Transfers by the trustee to third persons Sec. 2. (Transfers by the Trustee to Third Persons) (a) If, in transferring an interest in trust property ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-4-3

Judgment lien against the trustee or beneficiary Sec. 3. (Judgment Lien against the Trustee or Beneficiary) (a) A judgment against a person individually who may ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-4-4

Disclosure of information concerning beneficiaries Sec. 4. (Disclosure of Information Concerning Beneficiaries) (a) Any person may petition the court ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-4-5

Certification of trust; contents; liability of person relying on certification of trust Sec. 5. (a) A trustee ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-0.5

Application of Uniform Principal and Income Act Sec. 0.5. The Uniform Principal and Income Act (IC 30-2-14) applies to the administration of a trust under this ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-1

Repealed ( Repealed by P.L.84-2002, SEC.11.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-2

Repealed ( Repealed by P.L.84-2002, SEC.11.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-3

Repealed ( Repealed by P.L.84-2002, SEC.11.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-4

Repealed ( Repealed by P.L.84-2002, SEC.11.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-5

Repealed ( Repealed by P.L.84-2002, SEC.11.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-6

Repealed ( Repealed by P.L.84-2002, SEC.11.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-7

Repealed ( Repealed by P.L.84-2002, SEC.11.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-8

Repealed ( Repealed by P.L.84-2002, SEC.11.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-9

Repealed ( Repealed by P.L.84-2002, SEC.11.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-10

Repealed ( Repealed by P.L.84-2002, SEC.11.) IC 30-4-5-11 ( Repealed by P.L.84-2002, SEC.11.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-12

Accounting by trustees Sec. 12. (Accounting by Trustees) (a) Unless the terms of the trust provide otherwise or unless waived in writing by an adult, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-13

Content of written statements of account filed with the court Sec. 13. (Content of Written Statements of Account Filed with the Court) (a) A verified ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-14

Settlements; objections; hearing; surcharge Sec. 14. (Settlements; Objections; Hearing; Surcharge) (a) With respect to the annual written statement required by 30-4-5-12(a), a beneficiary or his ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-15

Judgment; fees Sec. 15. (Judgment; Fees) (a) Subject to the right of appeal, a judgment rendered by the court under 30-4-5-14, either approving the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-16

Right to compensation Sec. 16. (a) Unless the terms of the trust provide otherwise, and except as provided in section 17 of this chapter, the trustee ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-17

Compensation if trustee breaches trust Sec. 17. (Compensation if Trustee Breaches Trust) (a) In a proceeding in which the trustee is found to be in ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-18

Private foundations Sec. 18. Subject to section 20 of this chapter, every corporation which is organized under the laws of this state and which is a ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-19

Private corporate foundations organized before January 1, 1970; application of IC 30-4-5-18 Sec. 19. The provisions of 30-4-5-18 shall not apply to any such corporation organized ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-20

Private corporate foundations; effective dates of IC 30-4-5-18 Sec. 20. The provisions of 30-4-5-18 shall be effective as to corporations to which such section applies in ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-21

Trusts for benevolent public purpose; general rules Sec. 21. Subject to the provisions of this section and of section 23 of this chapter, every trust for ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-22

Private and charitable trust foundations; split-interest trusts; creation before January 1, 1970; application of IC 30-4-5-21 Sec. 22. The provisions ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-23

Private and charitable trust foundations; split-interest trusts; effective date of IC 30-4-5-21 Sec. 23. The provisions of 30-4-5-21 shall be effective ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5-24

Repealed ( Repealed by P.L.2-1987, SEC.53.) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-5.5-1

Remedies by attorney general against benevolent trust or trustee Sec. 1. (a) This section applies if a trustee of a benevolent trust does any of the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-6-1

Jurisdiction Sec. 1. (Jurisdiction) Jurisdiction in this state for all matters arising under this article shall be with the court exercising probate jurisdiction. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-6-2

Continuing jurisdiction Sec. 2. (Continuing Jurisdiction) The court will have continuing jurisdiction to supervise the administration of the trust only if the settlor expressly directs ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-6-3-a

Version a Venue; transfer of trust's principal place of administration; notice; objection to transfer Note: This version of section amended by P.L.238-2005, SEC.43. See ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-6-3-b

Version b Venue Note: This version of section amended by P.L.245-2005, SEC.9. See also preceding version of this section amended by P.L.238-2005, SEC.43. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-6-4

Docketing of trusts in general Sec. 4. Except as provided in section 7 of this chapter and IC 30-4-7, unless the terms of the trust expressly ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-6-5

Pleadings Sec. 5. (Pleadings) Any proceedings under this article may be initiated on either a petition or complaint and upon notice as provided in 30-4-6-6. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-6-6

Notice Sec. 6. (Notice) (a) Notice must be given to any person or his personal representative who is named as a party in a ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-6-7

Docketing as part of proceeding Sec. 7. (Docketing as Part of Proceeding) (a) If it is necessary to the determination of any issue of law ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-6-8

Bonding Sec. 8. (a) Unless the terms of the trust provide otherwise, the trustee need not provide a bond to secure the trustee's performance as trustee. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-6-9

Suit on bond Sec. 9. (Suit on Bond) (a) The court may, on breach of the obligation of the bond of the trustee, after notice ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-6-10

Representation by class or similar interest Sec. 10. (Representation by Class or Similar Interest) Any adjudication involving the interests of persons represented by a personal representative ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-6-10.5

Persons who represent interests of and bind other persons Sec. 10.5. (a) Except as provided in the terms of a trust, and to the extent there ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-6-11

Appeals Sec. 11. (Appeals) (a) Any person considering himself aggrieved by any decision of a court having jurisdiction in proceedings under this article may prosecute ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-6-12

Statute of limitations Sec. 12. (Statute of Limitations) Unless previously barred by adjudication, consent or limitation, any right against a trustee for breach of trust ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-6-13

Application of rules of procedure Sec. 13. (Application of Rules of Procedure) Except as otherwise provided in this article, the Indiana Rules of Procedure shall ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-6-14

Contesting validity of revocable trust; time limits Sec. 14. (a) A person must commence a judicial proceeding to contest the validity of a trust that was ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-7-1

Application of chapter Sec. 1. This chapter applies to the compromise of a contest or controversy with respect to the following: (1) The construction, validity, ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-7-2

Binding effect of compromise Sec. 2. A compromise executed under this chapter is binding on all parties to the compromise, including a party represented by a ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-7-3

Rights of creditors or taxing authorities Sec. 3. A compromise executed under this chapter does not impair the rights of creditors or taxing authorities that are ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-7-4

Appointment of guardian or guardian ad litem Sec. 4. The court may appoint a guardian or a guardian ad litem to represent the following persons or ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-7-5

Law governing appointment of guardian or guardian ad litem Sec. 5. IC 29-1-1-20 applies to the appointment of a guardian or guardian ad litem under section ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-7-6

Agreement of compromise Sec. 6. The terms of a compromise executed under this chapter must be set forth in an agreement that is: (1) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-7-7

Docket of documents Sec. 7. After a compromise is executed, an interested person may docket the trust and submit the following documents to the court for ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-7-8

Notice and hearing on agreement Sec. 8. After notice has been given in the manner directed by the court to: (1) all interested persons; ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-7-9

Court order Sec. 9. If the court finds: (1) the contest or controversy is in good faith; and (2) the effect of the agreement ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-7-10

Effect of entry of order Sec. 10. If the court enters an order under section 9 of this chapter, all further disposition of the trust that ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-1-1

Powers created after June 30, 1991 Sec. 1. This article applies to all powers of attorney created after June 30, 1991. As added by ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-1-2

Powers created before July 1, 1991 Sec. 2. This article applies to all powers of attorney created before July 1, 1991, unless the application of this ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-2-1

Application of definitions Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.149-1991, SEC.2. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-2-2

"Attorney in fact" Sec. 2. "Attorney in fact" means the person designated to act for the principal under a power of attorney. As added ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-2-3

"Court" Sec. 3. "Court" means the court having probate jurisdiction. As added by P.L.149-1991, SEC.2. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-2-4

"Health care" Sec. 4. "Health care" means any medical care, treatment, service, or procedure to maintain, diagnose, treat, or provide for ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-2-5

"Health care provider" Sec. 5. "Health care provider" means the physician who has primary responsibility for treating the principal and any other person administering health care ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-2-5.5

"Internal Revenue Code" Sec. 5.5. Notwithstanding IC 1-1-4-4 and IC 6-3-1-11, "Internal Revenue Code" means the Internal Revenue Code of 1986 of the United States as ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-2-6

"Person" Sec. 6. "Person" means an individual at least eighteen (18) years of age, a corporation, trust, limited liability company, or partnership. As added ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-2-7

"Power of attorney" Sec. 7. "Power of attorney" refers to all types of powers of attorney, including durable powers of attorney. As added by ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-2-8

"Principal" Sec. 8. "Principal" means: (1) an individual, including an individual acting as a: (A) trustee; (B) personal representative; or (C) fiduciary; ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-3-1

Rules of law; interpretation and application; conflict with terms of power Sec. 1. The rules of law contained in this ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-3-2

Validity of power; execution under certain laws Sec. 2. A power of attorney is valid if the power of attorney was valid at the time the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-3-3

Recording power of attorney Sec. 3. (a) Except as provided in subsection (b), an attorney in fact may act under a power of attorney without recording ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-3-4

Guardians; nomination; appointment; powers and duties; amendment or revocation of power; hearing; notice Sec. 4. (a) A principal may nominate a guardian for ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-3-5

Construction of power and instruction to attorney in fact; petition; notice of hearing Sec. 5. Upon petition by an interested person, the court may construe a ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-4-1

Validity of power; conditions Sec. 1. To be valid, a power of attorney must meet the following conditions: (1) Be in writing. (2) Name ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-4-2

Time power becomes effective Sec. 2. (a) Except as provided in subsection (b), a power of attorney is effective on the date the power of attorney ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-4-3

More than one attorney in fact; independent actions; failure or cessation of service Sec. 3. (a) Except as otherwise stated in the power of attorney, if ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-4-4

Failure or cessation of service; circumstances; successor attorney in fact; powers Sec. 4. (a) Except as stated otherwise in the power of attorney, an attorney in ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-4-5

Reimbursement of expenses; fee for services Sec. 5. (a) Except as stated otherwise in the power of attorney, an attorney in fact is ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-5-1

Incorporation of powers; references; similar or overlapping powers; modification Sec. 1. (a) An attorney in fact has a power granted under this chapter ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-5-2

Real property transactions Sec. 2. (a) Language conferring general authority with respect to real property transactions means the principal authorizes the attorney in fact to do ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-5-3

Tangible personal property transactions Sec. 3. (a) Language conferring general authority with respect to tangible personal property transactions means the principal authorizes the attorney in fact ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-5-4

Bond, share, and commodity transactions Sec. 4. (a) Language conferring general authority with respect to bond, share, and commodity transactions means the principal ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-5-4.5

Retirement plans Sec. 4.5. (a) Language conferring general authority with respect to retirement plans means the principal authorizes the attorney in fact to: (1) make ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-5-5

Banking transactions Sec. 5. (a) Language conferring general authority with respect to banking transactions means the principal authorizes the attorney in fact to do the following: ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-5-6

Business operating transactions Sec. 6. (a) Language conferring general authority with respect to business operating transactions means the principal authorizes the attorney in fact to do ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-5-7

Insurance transactions Sec. 7. (a) Language conferring general authority with respect to insurance transactions means the principal authorizes the attorney in fact to do the following: ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-5-8

Beneficiary transactions Sec. 8. (a) Language conferring general authority with respect to beneficiary transactions means the principal authorizes the attorney in fact to do the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-5-9

Gift transactions Sec. 9. (a) Language conferring general authority with respect to gift transactions means the principal authorizes the attorney in fact to do the following: ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-5-10

Fiduciary transactions Sec. 10. (a) Language conferring general authority with respect to fiduciary transactions means the principal authorizes the attorney in fact to do the following ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-5-11

Claims and litigation Sec. 11. (a) Language conferring general authority with respect to claims and litigation means the principal authorizes the attorney in fact to do ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-5-12

Family maintenance Sec. 12. (a) Language conferring general authority with respect to family maintenance means the principal authorizes the attorney in fact to do the following: ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-5-13

Benefits from military service Sec. 13. (a) Language conferring general authority with respect to benefits from military service means the principal authorizes the attorney in fact ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-5-14

Records, reports, and statements Sec. 14. (a) Language conferring general authority with respect to records, reports, and statements means the principal authorizes the attorney in fact ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-5-15

Estate transactions Sec. 15. (a) Language conferring general authority with respect to estate transactions means the principal authorizes the attorney in fact to do the following: ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-5-16

Health care powers; religious tenets Sec. 16. (a) This section does not prohibit an individual capable of consenting to the individual's own health care or to ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-5-17

Consent to or refusal of health care Sec. 17. (a) If the attorney in fact has the authority to consent to or refuse health care under ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-5-18

Delegation of authority Sec. 18. Language conferring general authority with respect to delegating authority means the principal authorizes the attorney in fact to delegate in writing ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-5-19

All other matters Sec. 19. Language conferring general authority with respect to all other matters means the principal authorizes the attorney in fact to act as ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-6-1

Exercise of powers not required Sec. 1. The attorney in fact is not required to exercise the powers granted under the power of attorney or to ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-6-2

Due care to act for benefit of principal Sec. 2. Except as otherwise stated in the power of attorney, the attorney in fact shall use due ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-6-3

Fiduciary capacity; exercise of all powers Sec. 3. An attorney in fact shall exercise all powers granted under the power of attorney in a fiduciary capacity. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-6-4

Records of transactions; accounting Sec. 4. (a) The attorney in fact shall keep complete records of all transactions entered into by the attorney in fact on ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-6-4.5

Attorney in fact's authority to hire persons; cost incurred to defend actions of attorney in fact Sec. 4.5. (a) An attorney in fact has the authority ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-6-5

Notice to health care providers of power of attorney Sec. 5. The attorney in fact shall ascertain whether the principal has notified the principal's health care ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-7-1

Application of chapter Sec. 1. This chapter applies to a health care provider with whom an attorney in fact deals under a power of attorney. ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-7-2

Medical records Sec. 2. (a) A health care provider furnished with a copy of a declaration under IC 16-36-4 or an appointment under IC 16-36-1 shall ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-7-3

Patient lacking capacity to give informed consent; consultation with attorney in fact Sec. 3. Whenever a health care provider believes a patient may lack the capacity ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-7-4

Compliance with decision of attorney in fact; comfort care; unwillingness to comply Sec. 4. (a) A health care provider shall comply ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-7-5

Access to medical records by attorney in fact; release of information Sec. 5. (a) A health care provider shall give an ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-7-6

Anatomical gifts, autopsies, or remains disposition Sec. 6. If a power of attorney authorizes the attorney in fact to: (1) make an anatomical gift on ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-8-1

Effect of acts performed under power of attorney Sec. 1. All acts performed by an attorney in fact under a power of attorney have the same ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-8-2

Presumption of validity; actual knowledge of invalidity Sec. 2. A written power of attorney that purports to be signed by the principal named in the power ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-8-3

Signature of attorney in fact as attestation; conclusive proof Sec. 3. A signature of the attorney in fact that identifies the principal and the attorney in ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-8-4

Investigation not required Sec. 4. A person relying on the power of attorney or the attestation of the ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-8-5

Copy of power of attorney; certification Sec. 5. A copy of the power of attorney has the same force and effect as the original power of ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-8-6

Concurrent appointments; independent execution Sec. 6. Appointments made under this article, IC 16-36-4, and IC 16-36-1 can be made concurrently and will be given full effect ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-8-7

Reliance on power of attorney; immunity Sec. 7. (a) A person who acts in good faith reliance on a power of attorney is immune from liability ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-9-1

Negligent exercise of power; bad faith Sec. 1. (a) An attorney in fact is liable for the negligent exercise of the power of attorney, except for ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-9-2

Attorney in fact benefiting from act; individual or conflicting interests Sec. 2. (a) An attorney in fact who acts with due care for the benefit of ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-9-3

Amended or terminated power of attorney Sec. 3. The attorney in fact is not liable for actions taken under an amended or terminated power of attorney ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-9-4

Errors of judgment; actions or defaults of other persons Sec. 4. The attorney in fact is not liable for a loss due to an error of ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-9-5

Exoneration clauses Sec. 5. The principal may provide in the power of attorney that the attorney in fact is liable only if the attorney in ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-9-6

Successor attorney in fact not liable for acts of predecessor Sec. 6. A successor attorney in fact who is named in a power of attorney to ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-9-7

Co-attorneys in fact Sec. 7. If two (2) or more attorneys in fact are authorized to act on behalf of a principal, an attorney in fact ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-9-8

Good faith purchasers; persons accepting authority of attorney in fact Sec. 8. (a) A good faith purchaser from a person who has obtained an interest in ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-9-9

Persons refusing to accept authority of attorney in fact Sec. 9. (a) Except as provided in subsection (b), a person who, not more than three (3) ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-9-10

Health care providers; persons acting in good faith reliance on direction or decision of attorney in fact Sec. 10. A health care provider or other person ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-10-1

Revocation of power; record Sec. 1. (a) Except as otherwise stated in the power of attorney, an executed power of attorney may be revoked only by ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-10-2

Specific termination date and time Sec. 2. If a power of attorney specifies a termination date and time, the power of attorney terminates at that date ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-10-3

Incapacity of principal Sec. 3. (a) Except as otherwise stated in the power of attorney, a power of attorney is not terminated by the incapacity of ...

Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-10-4

Death of principal; missing or missing in action; attorney in fact retains authority over anatomical gifts, autopsy, and disposition of body Sec. 4. (a) Except as ...



Last modified: May 27, 2006