reglab/housing_qa huggingface dataset:
IN Code § 30-4-3-16 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a Trust|30-4-3-16. Remedies Among Co-Trustees

Sec. 16. (Remedies among Co-Trustees)Any trustee may maintain an action against a co-trustee to:(a) compel him to perform his duties under the trust;(b) enjoin him from committing a breach of trust; or(c) compel him to redress a breach of trust committed by him.Formerly: Acts 1971, P.L.416, SEC.4.
IN Code § 30-4-3-17 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a Trust|30-4-3-17. Remedies of Trustee Against Beneficiary

Sec. 17. (Remedies of Trustee against Beneficiary)The trustee may maintain a civil action against a beneficiary for any legal or equitable remedy, including, among others, a charge against the beneficiary's interest in the trust estate, in any case in which the beneficiary is liable under 30-4-3-20.Formerly: Acts 1971, P.L.416, SEC.4.
IN Code § 30-4-3-18 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a Trust|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) The trustee is entitled to a lien against the trust estate:(1) for any advances made by him under 30-4-3-3(a) (10); and(2) for the value of his services for which he is entitled to, but has not received, compensation as provided either under the terms of the trust or under 30-4-5-16.Formerly: Acts 1971, P.L.416, SEC.4.
IN Code § 30-4-3-19 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a Trust|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 as to that beneficiary's interest if he:(1) consents to or acquiesces in the act or omission which constitutes a breach of trust;(2) agrees to release or discharge the trustee from liability for breach of trust after the act or omission constituting the breach occurs;(3) elects, under an option to affirm or reject a transaction entered into as a breach of trust, to affirm the transaction; or(4) participates in the act of the trustee which constitutes the breach of trust.(b) The consent, acquiescence, agreement to release or discharge, affirmance, or participation by a beneficiary will not relieve the trustee from liability if:(1) at the time it was given the beneficiary was under an incapacity;(2) at the time it was given the beneficiary did not know of his rights or all of the material facts which the trustee knew or should have known;(3) it was induced by the trustee's improper conduct;(4) the trustee had an adverse interest in the transaction and the transaction was not fair and reasonable; or(5) the trustee pays or delivers a beneficiary's interest to that beneficiary contrary to the terms of a trust with protective provisions.Formerly: Acts 1971, P.L.416, SEC.4.
IN Code § 30-4-3-20 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a 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 repay an advance or loan of trust funds;(4) failed to repay a distribution or disbursement from the trust estate in excess of that to which he is entitled; or(5) breached a contract to pay money or deliver property to the trustee to be held by the trustee as part of the trust estate.(b) Unless the terms of the trust provide otherwise a beneficiary of a trust is liable to the extent of his interest in the trust estate for the amount of any debt owed the trust estate by him.Formerly: Acts 1971, P.L.416, SEC.4.
IN Code § 30-4-3-21 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a Trust|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 may commence the action in his own right for the benefit of all the beneficiaries.Formerly: Acts 1971, P.L.416, SEC.4; Acts 1972, P.L.11, SEC.13.
IN Code § 30-4-3-22 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a Trust|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; or(4) to remove a trustee for cause and to appoint a successor trustee.(b) If the trustee acquires property and wrongfully holds it outside the trust, a beneficiary is entitled at his option to either:(1) require the property to be transferred to the trust or(2) impose an equitable lien upon it to secure his claim for damages for breach of trust.(c) If the trustee commingles the trust funds or property with his own funds or property or converts the trust fund or property into another form which is wrongfully held outside the trust:(1) if the fund or property can be traced and identified, the beneficiary is entitled to restoration of the fund or property to the trust; or(2) if the fund or property cannot be traced and identified,(A) In a case of commingling of funds or property, the beneficiary is entitled to a lien against the trustee's individual property from the date and in the amount of the fund or the value of the property at the time of the commingling.(B) In a case of conversion of property, the beneficiary is entitled to a lien against the trustee's individual property from the date and according to the value of the property at the time of the conversion.(d) If the trustee is also a beneficiary, the other beneficiaries will be entitled to a charge against the trustee's beneficial interest to secure their claims against him for a breach of trust.(e) If a beneficiary successfully maintains an action under subsection (a) of this section or is entitled to a judgment under subsections (b), (c), or (d) of this section, he is entitled to a judgment for reasonable attorney's fees.Formerly: Acts 1971, P.L.416, SEC.4.
IN Code § 30-4-3-23 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a 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 act of the trustee to which he consented constituted a breach of trust;(2) agreed with the trustee or the other beneficiaries to be liable for any loss which might result from the act constituting the breach; or(3) participated in the act constituting the breach.(b) The consenting co-beneficiary shall be personally liable for any loss for which the other beneficiaries are entitled to redress under subsection (a) of this section and his beneficial interest in the trust estate may be charged for the amount of the loss if the court deems it proper to do so.Formerly: Acts 1971, P.L.416, SEC.4.
IN Code § 30-4-3-24.4 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a Trust|30-4-3-24.4. Modification or Termination of Trust by Court

Sec. 24.4. (a) The court may modify the administrative or dispositive terms of a trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.(b) The court may modify the administrative terms of a trust or terminate the trust if:(1) the purpose of the trust has been fulfilled; or(2) continuation of the trust on the trust's existing terms would:(A) be illegal, impossible, impracticable, or wasteful; or(B) impair the trust's administration.(c) If the trust terminates under this section, the court shall direct the trustee to distribute the trust property in a manner consistent with the purposes of the trust.(d) The court may modify the terms of a trust to give the settlor the power to revoke and modify the trust if the:(1) settlor intended to reserve the power;(2) settlor believed the power was reserved; and(3) power was omitted from the terms of the trust by mistake.As added by P.L.238-2005, SEC.35.
IN Code § 30-4-3-24.5 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a Trust|30-4-3-24.5. Termination by Trustee of Trust With Value Less Than $75,000

Sec. 24.5. (a) This section does not apply to an easement for conservation or preservation.(b) This subsection applies to a trust consisting of trust property having a total value of less than seventy-five thousand dollars ($75,000). Unless the terms of the trust provide otherwise, the trustee may terminate the trust:(1) if the trustee concludes the value of the trust property is insufficient to justify the cost of administration; and(2) after providing notice of the trust termination to qualified beneficiaries.(c) The trustee may propose the termination of a trust by written notice to qualified beneficiaries if the trustee, upon review of surrounding circumstances, concludes that continuation of the trust on its existing terms would be contrary to the economic best interest of the trust estate and that early termination would be in the best interests of the beneficiaries consistent with the settlor's intent. This trust termination shall occur upon receipt of written consent of all qualified beneficiaries.(d) The court may:(1) modify or terminate a trust; or(2) remove the trustee and appoint a different trustee;if the court determines that the value of the trust property is insufficient to justify the cost of administration. If a trust terminates under this subsection, the court shall direct the trustee to distribute the trust property in a manner consistent with the purposes of the trust.(e) If a trust terminates under subsection (c), the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.As added by P.L.238-2005, SEC.36. Amended by P.L.221-2019, SEC.5; P.L.231-2019, SEC.26.
IN Code § 30-4-3-25 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a Trust|30-4-3-25. Rescission and Reformation

Sec. 25. (Recission and Reformation)Upon petition by an interested party, the court may rescind or reform a trust according to the same general rules applying to recission or reformation of non-trust transfers of property.Formerly: Acts 1971, P.L.416, SEC.4.
IN Code § 30-4-3-25.5 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a Trust|30-4-3-25.5. Distribution of Terminated Trust; Payment of Federal and State Taxes

Sec. 25.5. (a) This section applies beginning October 1, 2009.(b) Except as provided in subsection (d), when a trust created to comply with 42 U.S.C. 1396p(d)(4)(A) is terminated, the trustee shall not distribute trust property to any person entitled to payment from the trust until the office of Medicaid policy and planning has been fully reimbursed for assistance rendered to the person for whom the trust was created.(c) The primary purpose of a trust described in subsection (b) is to ensure that the state is repaid Medicaid benefits provided in return for excepting the trust from the general requirements of 42 U.S.C. 1396(d).(d) A trustee may pay federal and state taxes from the trust before reimbursing the office of Medicaid policy and planning.As added by P.L.14-2009, SEC.3.
IN Code § 30-4-3-26 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a Trust|30-4-3-26. Power to Direct a Deviation From the Terms of the Trust

Sec. 26. (Power to Direct a Deviation from the Terms of the Trust)(a) Upon petition by the trustee or a beneficiary, the court shall direct or permit the trustee to deviate from a term of the trust if, owing to circumstances not known to the settlor and not anticipated by him, compliance would defeat or substantially impair the accomplishment of the purposes of the trust. In that case, if necessary to carry out the purposes of the trust, the court may direct or permit the trustee to do acts which are not authorized or are forbidden by the terms of the trust, or may prohibit the trustee from performing acts required by the terms of the trust.(b) The trustee may deviate from the terms of the trust as provided in subsection (a) of this section, without first obtaining the permission of the court, if there is an emergency or if he reasonably believes that there is an emergency, and before deviating he has no opportunity to apply to the court for permission to deviate.(c) The trustee is liable for any loss or damage which results if he fails to apply to the court for permission to deviate from the terms of the trust, when he knows or should know that, owing to circumstances not known to the settlor and not anticipated by him, compliance will defeat or substantially impair the accomplishment of the purposes of the trust.Formerly: Acts 1971, P.L.416, SEC.4.
IN Code § 30-4-3-27 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a Trust|30-4-3-27. Cy Pres Doctrine

Sec. 27. (a) If property is given to a trust for a benevolent public purpose and the property is to be applied to a particular charitable purpose, and it is or becomes impossible, impracticable, wasteful, or illegal to carry out the particular purpose, and if the settlor manifested a more general intention to devote the property to charitable purposes, the trust need not fail, but the court may direct the application of the property to some charitable purpose which falls within the general charitable intention of the settlor.(b) The terms of a charitable trust that would result in the distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection (a) to apply the cy pres doctrine to modify or terminate the trust only if, when the provision takes effect:(1) the trust property is to revert to the settlor and the settlor is still alive; or(2) less than twenty-one (21) years have elapsed since the trust was created.(c) A living heir of the settlor or a living beneficiary named in the original trust agreement may present evidence to the court of:(1) the heir's or beneficiary's opinion of the settlor's intent; and(2) the heir's or beneficiary's wishes;regarding the property given in trust.Formerly: Acts 1971, P.L.416, SEC.4. As amended by P.L.41-2000, SEC.3; P.L.238-2005, SEC.37.
IN Code § 30-4-3-29 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a Trust|30-4-3-29. Removal, Resignation, and Appointment of Trustees

Sec. 29. (a) A trustee may be removed as follows:(1) By the court.(2) By the person, if any, who by the terms of the trust is authorized to remove the trustee.(3) Unless the terms of the trust instrument provide otherwise, by a beneficiary of the trust whose petition is granted by the court under subsection (d).(b) Unless the terms of the trust requires a different time, the trustee may resign:(1) if the trustee gives at least thirty (30) days notice to:(A) the qualified beneficiaries;(B) the settlor, if living; and(C) all cotrustees; or(2) with the approval of the court.In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property. Any liability of a resigning trustee or of any sureties on the trustee's bond for acts or omissions of the trustee is not discharged or affected by the trustee's resignation.(c) For good cause shown, the court may at any time appoint a temporary trustee for such period of time, and to perform such duties, as the court may direct.(d) This subsection applies only to a trust executed after June 30, 1996. A beneficiary of a trust may petition the court for the removal of a corporate trustee if there has been a change in control of the corporate trustee after the date of the execution of the trust. The court may remove the corporate trustee if the court determines the removal is in the best interests of all the beneficiaries of the trust. For purposes of this subsection a change in control of the corporate trustee occurs whenever a person or group of persons acting in concert acquires the beneficial ownership of an aggregate of at least twenty-five percent (25%) of the outstanding shares of voting stock of:(1) a trustee; or(2) a corporation controlling a trustee;after June 30, 1996.(e) A trustee who has resigned or been removed shall expeditiously deliver the trust property within the trustee's possession to the cotrustee, successor trustee, or other person entitled to the trust property. A trustee who has resigned or been removed has the duties of trustee and the powers necessary to protect the trust property:(1) unless a cotrustee remains in the office of trustee or the court orders otherwise; and(2) until the trust property is delivered to a successor trustee or other person entitled to the trust property.Formerly: Acts 1971, P.L.416, SEC.4. As amended by P.L.199-1996, SEC.1; P.L.165-2002, SEC.6; P.L.238-2005, SEC.38.
IN Code § 30-4-3-29.5 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a Trust|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 amount of property or funds held in the trust estate.(b) A court may, at the court's discretion, allow a trustee described in subsection (a) to resign if:(1) the trustee petitions the court; and(2) the court determines that the trustee's resignation will be in the best interests of all the beneficiaries of the trust.As added by P.L.199-1996, SEC.2.
IN Code § 30-4-3-30 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a Trust|30-4-3-30. Effect of This Article on the Court's Equity Powers

Sec. 30. (Effect of This Article on the Court's Equity Powers)Except as otherwise provided in this article, the article shall not be construed to limit the general equity powers of the court over the administration of trusts.Formerly: Acts 1971, P.L.416, SEC.4.
IN Code § 30-4-3-31 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a Trust|30-4-3-31. Judicial Modification of Trusts for Benevolent Public Purpose and Certain Transfers Not in Trust; Federal Compliance

Sec. 31. (a) This section is enacted for the purpose of confirming the power of Indiana courts to modify trusts for a benevolent public purpose, and transfers not in trust as described in Section 170(f)(3)(A) of the Internal Revenue Code, to effect compliance with Sections 170, 664, 2055, 2106, and 2522 of the Internal Revenue Code so that these trusts and transfers may obtain the income tax exemption afforded by Section 664 of the Internal Revenue Code and donors or other contributors of gifts or contributions to these trusts and transfers may secure the income, estate, and gift tax charitable deductions granted by Sections 170, 2055, 2106, and 2522 of the Internal Revenue Code.(b) Upon petition, any court of general or probate jurisdiction in Indiana may, in its discretion, modify the instrument of an inter vivos or testamentary trust for a benevolent public purpose, or transfer not in trust as described in Section 170(f)(3)(A) of the Internal Revenue Code, so that the trust or transfer complies with and conforms to the provisions of Sections 170, 664, 2055, 2106, and 2522 of the Internal Revenue Code and regulations thereunder from the date of the trust's or transfer's creation, if consent to the modification is given by:(1) all beneficiaries of the trust or transfer; and(2) the settlor of the trust or transfer if the settlor is living at the date of modification.Formerly: Acts 1973, P.L.294, SEC.1. As amended by Acts 1977, P.L.301, SEC.1; Acts 1982, P.L.180, SEC.1; P.L.2-1987, SEC.46; P.L.41-2000, SEC.4.
IN Code § 30-4-3-32 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a Trust|30-4-3-32. Trustee's Liability for Breach of Trust

Sec. 32. (a) Except as stated in subsections (b) and (c), the trustee, by provisions of the trust, can be relieved of liability for breach of trust.(b) A provision in the trust instrument is not effective to relieve the trustee of liability for breach of trust committed in bad faith, intentionally, or with reckless indifference to the interest of the beneficiary, or of liability for any profit that the trustee has derived from a breach of trust.(c) A provision that relieves the trustee of liability for breach of trust is ineffective if it is inserted in the trust instrument as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.As added by P.L.149-1984, SEC.1.