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 person may petition the court to determine
the:
(1) heirs of:
(A) the settlor; or
(B) any person named in the trust; and
(2) respective interests of the persons described in subdivision
(1) in the trust estate or any part of the trust estate.
(b) If a petition is filed under this section, the court shall fix the
time for a hearing on the petition. Notice of the hearing shall be
given in the following manner:
(1) Personally or by mail to persons who are named in the trust
and:
(A) are known to claim;
(B) are believed to claim; or
(C) have;
an interest in the trust estate or any part of the trust estate as
heir or through an heir of the settlor.
(2) By publication to any unknown heirs.
(c) When a hearing is held on the petition, the issues set forth in
the petition under subsection (a) may be determined by:
(1) competent evidence; or
(2) affidavit, if there are no objections.
A record shall be made of the oral evidence. The record and
affidavits must be a part of the files in the trust proceeding.
(d) If there is satisfactory proof, the court shall make a decree that
determines the issues set forth in the petition under subsection (a).
The court's decree is conclusive of the facts determined by the court
with regard to any interested person who has been notified personally
or by mail in accordance with subsection (b)(1), subject to the
interested person's right of appeal.
(e) An act of the trustee is valid with regard to the rights and
liabilities of a purchaser, a lessee, or other person who deals with the
trustee for value and in good faith, if the trustee acts in:
(1) accordance with the facts as determined by the court's
decree under subsection (d);
(2) accordance with the law; and
(3) good faith.
As added by P.L.238-2005, SEC.40.
Last modified: May 27, 2006