Indiana Code 30-4-10-37. Effect of notice on exercise of decanting power
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Sec. 37. (a) The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file a petition under section 39 of this chapter asserting that:
(A) is ineffective because it did not comply with this chapter;
(1) an exercise of the decanting power:
Terms Used In Indiana Code 30-4-10-37
- authorized fiduciary: means :
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- decanting power: means the power of an authorized fiduciary under this chapter to:
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- Fiduciary: A trustee, executor, or administrator.
- person: means :
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(B) was an abuse of discretion; or
(C) was a breach of a fiduciary duty; or
(2) section 52 of this chapter applies to the exercise of the decanting power.
(b) An exercise of the decanting power is not ineffective because of the failure to give notice to one (1) or more persons under section 35 of this chapter if the authorized fiduciary acted with reasonable care to comply with section 35 of this chapter.
As added by P.L.161-2022, SEC.3.