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 duties under the trust; (b) enjoin him from committing a breach of trust; or (c) compel him to redress a breach of trust committed by him. Formerly: Acts 1971, P.L.416, SEC.4.
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, if any, who by the terms of the trust is authorized to remove the trustee. (3) Unless the terms of the trust instrument provide otherwise, by a beneficiary of the trust whose petition is granted by the […]
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 or equitable remedy, including, among others, a charge against the beneficiary’s interest in the trust estate, in any case in which the beneficiary is liable under 30-4-3-20. Formerly: Acts 1971, P.L.416, SEC.4.
30-4-3-29.3. Power to Appoint a Successor Trustee
Sec. 29.3. (a) The power to appoint a successor trustee under a governing instrument or under section 33 of this chapter includes: (1) the power to appoint multiple successor trustees; and (2) the power to allocate trustee powers to one (1) or more trustees. (b) A trustee to whom powers: (1) have been exclusively allocated […]
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 the administration of the trust, the trustee is entitled to be instructed by the court. (b) The trustee is entitled to a review and settlement by the court of the accounts of his administration. (c) […]
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, a corporate trustee that acquires a trust as a result of a change in control may not: (1) decline to accept the trust property; (2) resign as trustee; or (3) otherwise refuse to administer the trust; based upon the […]
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 provide otherwise or unless if to do so would frustrate, impair or defeat the purposes of the trust, a beneficiary, except as provided in subsection (b) of this section, relieves the trustee from liability for breach of trust […]
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 or otherwise wrongfully dealt with the trust property; (2) expressly consented to, participated in or agreed with the trustee to be liable for a breach of trust committed by the trustee; (3) failed to […]
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 for which he may maintain a civil action under 30-4-3-15 but he is unable, unwilling or neglects to commence the action within a reasonable time not to exceed thirty (30) days after written demand, any beneficiary […]
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 action: (1) to compel the trustee to perform his duties; (2) to enjoin the trustee from committing an act which may be a breach of trust; (3) to compel the trustee to redress a breach of trust; […]