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 serve as custodial
trustee by notifying:
(1) the person who made the designation;
(2) the transferor; or
(3) the transferor's legal representative.
(b) If the person designated to serve as custodial trustee declines
to serve under subsection (a), and an event giving rise to a transfer
has not occurred:
(1) the substitute custodial trustee designated under section 23
of this chapter becomes the custodial trustee; or
(2) if a substitute custodial trustee has not been designated:
(A) the person who made the designation may designate a
substitute custodial trustee under section 23 of this chapter;
or
(B) the transferor or the transferor's legal representative may
designate a substitute custodial trustee.
(c) A custodial trustee who has accepted the custodial trust
property may resign by:
(1) delivering written notice of resignation to:
(A) a successor custodial trustee, if any;
(B) the beneficiary; and
(C) if the beneficiary is incapacitated, the beneficiary's
guardian, if any;
(2) transferring, registering, or recording an appropriate
instrument relating to the custodial trust property in the name of
the successor custodial trustee identified under subsection (d);
and
(3) delivering the records to the successor trustee identified
under subsection (d).
(d) If a custodial trustee or successor custodial trustee is
ineligible, resigns, dies, or becomes incapacitated, the successor
designated under section 21 or 23 of this chapter becomes custodial
trustee. If there is no effective provision for a successor:
(1) the beneficiary, if not incapacitated, may designate a
successor custodial trustee; or
(2) if the beneficiary is incapacitated, or fails to act within
ninety (90) days after the ineligibility, resignation, death, or
incapacity of the custodial trustee:
(A) the beneficiary's guardian becomes successor custodial
trustee; or
(B) if the beneficiary does not have a guardian or the
guardian fails to act, the resigning custodial trustee may
designate a successor custodial trustee.
(e) If a successor custodial trustee is not designated under
subsection (d), any of the following may petition the court to
designate a successor custodial trustee:
(1) The transferor.
(2) The legal representative of the transferor.
(3) The legal representative of the custodial trustee.
(4) An adult member of the beneficiary's family.
(5) The guardian of the beneficiary.
(6) A person interested in the custodial trust property.
(7) A person interested in the welfare of the beneficiary.
(f) A custodial trustee who declines to serve or resigns, or the
legal representative of a deceased or incapacitated custodial trustee,
as soon as practicable, shall put the custodial trust property and
records in the possession and control of the successor custodial
trustee. The successor custodial trustee may enforce the obligation
to deliver custodial trust property and records and becomes
responsible for each item as received.
(g) A beneficiary, an adult member of the beneficiary's family, a
guardian of the person of the beneficiary, a person interested in the
custodial trust property, or a person interested in the welfare of the
beneficiary, may petition the court:
(1) to remove the custodial trustee for cause and designate a
successor custodial trustee;
(2) to require the custodial trustee to furnish a bond or other
security for the faithful performance of fiduciary duties; or
(3) for other appropriate relief.
As added by P.L.3-2003, SEC.1.
Last modified: May 27, 2006