Indiana Code 30-4-5-25. “Interested person”; matters resolved by nonjudicial settlement agreement
(b) Except as provided in subsection (c), an interested person may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust. This procedure is not intended to foreclose or limit any other procedure for settlement available under other applicable law.
Terms Used In Indiana Code 30-4-5-25
- Court: means a court having jurisdiction over trust matters. See Indiana Code 30-4-1-2
- Person: has the meaning set forth in IC 30-2-14-9. See Indiana Code 30-4-1-2
- Principal: has the meaning set forth in IC 30-2-14-10. See Indiana Code 30-4-1-2
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Trustee: A person or institution holding and administering property in trust.
- Trustee: has the meaning set forth in IC 30-2-14-13. See Indiana Code 30-4-1-2
(d) Subject to subsection (c), matters that may be resolved by a nonjudicial settlement agreement include the following:
(1) The interpretation or construction of the terms of a trust.
(2) The approval of a trustee‘s report or accounting or waiver of the preparation of a trustee‘s report or accounting.
(3) Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power.
(4) The resignation or appointment of a trustee and the determination of a trustee’s compensation.
(5) Transfer of a trust’s principal place of administration.
(6) Liability or release of a trustee for an action relating to a trust.
(7) The criteria for distribution to a beneficiary where a trustee is given discretion.
(8) The resolution of a dispute arising out of the administration or distribution of a trust.
(9) An investment action.
(10) The appointment of and powers granted to a trust director.
(11) Direction to a trust director to perform or refrain from performing a particular act or the grant of a power to a trust director.
(e) Before or after the parties enter into a nonjudicial settlement agreement, an interested person may request the court to approve a nonjudicial settlement agreement to determine whether the representation under IC 30-4-6-10.5 was adequate and to determine whether the agreement contains terms and conditions the court would approve.
As added by P.L.221-2019, SEC.7. Amended by P.L.231-2019, SEC.28.