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; […]
30-4-3-23. Remedy of a Beneficiary Against a Co-Beneficiary
Sec. 23. (Remedy of a Beneficiary against a Co-Beneficiary) (a) If no recovery can be made from the trustee for a breach of trust, a beneficiary may maintain an action against a co-beneficiary who consented to the breach for a redress of the breach, if the co-beneficiary: (1) knows or should have known that the […]
30-4-3-24. Repealed
Formerly: Acts 1971, P.L.416, SEC.4. Repealed by P.L.238-2005, SEC.63.
30-4-3-9. Duty of Trustee Under Control of Third Persons
Sec. 9. (Duty of Trustee under Control of Third Person) (a) This section applies to directions given to a trustee before July 1, 2019, by a person who has power under the terms of the trust to direct the trustee. (b) If the terms of the trust give a person a power to direct the […]
30-4-3-10. Liability to Third Persons
Sec. 10. (Liability to Third Persons) (a) Unless the terms of the contract or other non-negotiable obligation expressly provide otherwise, the trustee is not personally liable on a contract or other non-negotiable obligation with a third person made by him in the administration of the trust. (b) When a third person is entitled to compensation […]