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 personal representative will be
deemed to have discharged the trustee from liability as to that
beneficiary for all matters disclosed in the statement if he approves
in writing the trustee's statement.
(b) In a proceeding in which the court has been requested by
petition to approve a verified written statement of accounts, any
person authorized by 30-4-5-12(c) to petition for an accounting may
file an appropriate responsive pleading, and if he does so, he must
file it within the period of time after notice that a responsive pleading
is required to be filed after service of a prior pleading under the
Indiana Rules of Procedure.
(c) When a responsive pleading filed under subsection (b) of this
section includes objections to any matter contained in the trustee's
statement, those objections must be specific unless the court orders
otherwise.
(d) Upon request for approval of a verified written statement of
accounts and the filing of objections, if any, the court shall determine
the correctness of the statement and the validity and propriety of all
actions of the trustee described in the statement and may take any
additional action that it deems necessary.
(Formerly: Acts 1971, P.L.416, SEC.6.)
Last modified: May 27, 2006