Indiana Code 30-4-10-40. Exercise of decanting power; written record
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Sec. 40. An exercise of the decanting power must be made in a record signed by an authorized fiduciary. The signed record must:
(2) identify the first trust and the second trust;
(1) directly or indirectly reference the notice required by section 35 of this chapter;
Terms Used In Indiana Code 30-4-10-40
- decanting power: means the power of an authorized fiduciary under this chapter to:
Indiana Code 30-4-10-12
- Fiduciary: A trustee, executor, or administrator.
- first trust: means a trust over which an authorized fiduciary may exercise the decanting power. See Indiana Code 30-4-10-15
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Indiana Code 30-4-10-25
- second trust: means :
Indiana Code 30-4-10-26
- state: means :
Indiana Code 30-4-10-30
(3) identify and state the property of the first trust being distributed to each second trust; and
(4) identify the property that remains in the first trust.
As added by P.L.161-2022, SEC.3.