Title 30, TRUSTS AND FIDUCIARIES

Sec. 10. (a) If a trust is created by a will, the settlor's capacity that is required to create the trust is determined by the applicable probate law. (b) The capacity of a settlor that is required to create, amend, revoke, or add property to a revocable trust is the same as the …

Sec. 11. (a) If the trustee is a natural person, the trustee must have the capacity to take, hold, and deal with property for the trustee's own benefit and must be at least eighteen (18) years of age, be of sound mind and of good moral character. (b) If the trustee is a corporati…

Sec. 12. (Illegality) (a) The terms of the trust may not require the trustee to commit a criminal or tortious act or an act which is contrary to public policy. (b) A trust with terms which violate subsection (a) of this section is invalid unless the prohibited term is separable. …

Sec. 13. (Application of Statute of Uses) If the trust property includes real property, and, under the terms of the trust, (a) The beneficiary has the power to manage the trust property, including the power to direct the trustee to sell the property; and (b) The trustee may sell …

Sec. 14. (Assignment of Beneficiary's Interest) (a) If the terms of the trust give the trustee the power to sell the trust property upon direction by the beneficiary or other person or to sell it after a stipulated period of time in the absence of a direction as provided in 30-4-…

Sec. 15. (a) This section does not apply to a trust: (1) that is irrevocable on the date of a divorce or an annulment; or (2) created by: (A) the settlor and the settlor's spouse or former spouse under a written agreement with each other that requires the creation of the trust; o…

Sec. 16. (a) This section applies to: (1) property in a trust that is subject to a spouse's right of election under IC 29-1-3; and (2) a trust that receives property from the settlor's estate; if the settlor's spouse files an effective election to take a share of the settlor's es…

Sec. 17. (a) A charitable trust may be created for the following purposes: (1) The relief of poverty. (2) The advancement of education or religion. (3) The promotion of health. (4) Governmental and municipal purposes. (5) A purpose that is beneficial to the community. (b) If the …

Sec. 18. (a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. (b) A trust authorized by this section terminates as follows: (1) If the trust is created to provide for the care of one (1) animal alive during the settlor's lifetime, t…

Sec. 19. (a) Except as provided in section 18 of this chapter, a trust may be created for a: (1) noncharitable purpose without a beneficiary; or (2) noncharitable and valid purpose to be selected by the trustee. (b) A trust authorized by this section may be enforced for not more …

Sec. 2. (a) This section applies to the acceptance of a trust by a person named as trustee. (b) The appearance of the named person's signature on the writing which is the evidence of the trust or on a separate written acceptance will be conclusive that the named person accepted t…

Sec. 5. (Life Insurance Trusts) Proceeds of life insurance policies heretofore made payable to a trustee or trustees named as beneficiary or hereafter to be named beneficiary under an inter vivos trust shall be paid directly to the trustee or trustees and held and disposed of by …

Sec. 6. (Nature of the Trustee's Estate) (a) The trustee takes the title to the trust property. (b) The extent of the trustee's estate in the trust property is limited to that which is necessary to enable him to perform the trust. Formerly: Acts 1971, P.L.416, SEC.3.

Sec. 7. (Nature of the Beneficiary's Estate) (a) The beneficiary takes an equitable interest in the trust property. (b) The extent of the beneficiary's estate shall be determined from the terms of the trust. The Rule in Shelley's Case and the Doctrine of Worthier Title shall not …

Sec. 8. (a) If the settlor transfers both the title and the entire equitable interest in property to the same person as both the sole trustee and the sole beneficiary, no trust will be deemed to have been created and the transferee shall treat the property as the transferee's own…

Sec. 9. (Necessity of Powers or Duties) Subject to 30-4-2-13, if the trustee has neither a power nor a duty related to the administration of the trust, the title to the trust property will be treated as having vested directly in the beneficiary on the date of delivery to the trus…

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.149-1991, SEC.2.

Sec. 1.5. "Account", for purposes of IC 30-5-5-6.5, has the meaning set forth in IC 30-5-5-6.5(a)(1). As added by P.L.231-2019, SEC.33.

Sec. 1.8. "All other matters", for purposes of IC 30-5-5-6.5, has the meaning set forth in IC 30-5-5-19. As added by P.L.231-2019, SEC.34.

Sec. 10. "Trusted contact person", for purposes of IC 30-5-5-6.5, has the meaning set forth in IC 30-5-5-6.5(a)(5). As added by P.L.231-2019, SEC.37.

Sec. 2. "Attorney in fact" means the person designated to act for the principal under a power of attorney. The term includes any of the following: (1) The original attorney in fact. (2) A co-attorney in fact. (3) A successor attorney in fact. (4) A person to whom an attorney in f…

Sec. 2.3. "Catalogue of electronic communications" has the meaning set forth in IC 32-39-1-5. As added by P.L.137-2016, SEC.9.

Sec. 2.7. "Content of an electronic communication" has the meaning set forth in IC 32-39-1-6. As added by P.L.137-2016, SEC.10.

Sec. 3. "Court" means the court having probate jurisdiction. As added by P.L.149-1991, SEC.2.

Sec. 3.5. "Digital asset" has the meaning set forth in IC 32-39-1-10. As added by P.L.137-2016, SEC.11.

Sec. 3.6. "Directed paralegal" means a nonlawyer assistant who is employed, retained, or otherwise associated with a licensed attorney or law firm and whose work is directly supervised by a licensed attorney, as required by Rule 5.3 of the Rules of Professional Conduct. As added …

Sec. 3.8. "Financial exploitation", for purposes of IC 30-5-5-6.5, has the meaning set forth in IC 30-5-5-6.5(a)(3). As added by P.L.231-2019, SEC.35.

Sec. 4. "Health care" means any medical care, treatment, service, or procedure to maintain, diagnose, treat, or provide for the principal's physical or mental well-being. The term includes the providing of nutrition and hydration through intravenous, endotracheal, or nasogastric …

Sec. 5. "Health care provider" means the physician who has primary responsibility for treating the principal and any other person administering health care to the principal who is licensed, certified, or otherwise authorized or permitted by law to administer health care in the or…

Sec. 5.5. Notwithstanding IC 1-1-4-4 and IC 6-3-1-11, "Internal Revenue Code" means the Internal Revenue Code of 1986 of the United States as amended from time to time. As added by P.L.238-2005, SEC.47.

Sec. 6. "Person" means: (1) an individual at least eighteen (18) years of age; (2) a corporation; (3) a trust; (4) a limited liability company; (5) a partnership; (6) a business trust; (7) an estate; (8) an association; (9) a joint venture; (10) a government or political subdivis…

Sec. 7. "Power of attorney" means a writing or other record that grants authority to an attorney in fact or agent to act in place of a principal, whether the term "power of attorney" is used. The term refers to all types of powers of attorney, including durable powers of attorney…

Sec. 8. "Principal" means: (1) an individual: (A) who is: (i) at least eighteen (18) years of age; (ii) emancipated; or (iii) currently serving in the United States military; and (B) includes an individual acting as a: (i) trustee; (ii) personal representative; or (iii) fiduciary…

Sec. 9. "Specified adult", for purposes of IC 30-5-5-6.5, has the meaning set forth in IC 30-5-5-6.5(a)(4). As added by P.L.231-2019, SEC.36.