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 article, the article shall not be construed to limit the general equity powers of the court over the administration of trusts. Formerly: Acts 1971, P.L.416, SEC.4.
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 of confirming the power of Indiana courts to modify trusts for a benevolent public purpose, and transfers not in trust as described in Section 170(f)(3)(A) of the Internal Revenue Code, to effect compliance with Sections 170, 664, 2055, 2106, and 2522 of the Internal Revenue […]
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 relieved of liability for breach of trust. (b) A provision in the trust instrument is not effective to relieve the trustee of liability for breach of trust committed in bad faith, intentionally, or with reckless […]
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 vacancy occurs, a trustee vacancy occurs if: (1) a person designated as trustee does not accept being trustee; (2) a person designated as trustee cannot be identified or does not exist; (3) a trustee resigns; (4) a […]
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 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 […]
30-4-3-35. Matrimonial Trusts; Election; Effect of the Death of a Spouse or the Dissolution of the Marriage; Revocation
Sec. 35. (a) This section is intended to ensure that if real property is transferred to one (1) or more revocable trusts created by a husband and wife for estate planning purposes, the husband and wife will maintain real estate ownership protections equivalent to those they would have if they owned that real property in […]
30-4-3-36. Repealed
As added by P.L.6-2010, SEC.19. Amended by P.L.51-2014, SEC.22. Repealed by P.L.161-2022, SEC.2.
30-4-3-37. Unclaimed Trust Shares; Disposition Procedures
Sec. 37. (a) If a beneficiary of a trust cannot be found after a reasonable search, the trustee may file a petition setting out the facts of the unsuccessful search. The court may order the trustee to sell the shares of the trust to which the beneficiary is entitled and to pay the proceeds to […]
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 for any legal or equitable remedy against a third person that he could maintain in his own right if he were the owner. Formerly: Acts 1971, P.L.416, SEC.4.
30-4-3-28. Repealed
Formerly: Acts 1971, P.L.416, SEC.4. Repealed by P.L.238-2005, SEC.63.