reglab/housing_qa huggingface dataset:
IN Code § 30-4-5-14 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 5. Rules Governing the Administration of a Trust|30-4-5-14. Settlements; Objections; Hearing; Surcharge

Sec. 14. (Settlements; Objections; Hearing; Surcharge)(a) With respect to the annual written statement required by 30-4-5-12(a), a beneficiary or his personal representative will be deemed to have discharged the trustee from liability as to that beneficiary for all matters disclosed in the statement if he approves in writing the trustee's statement.(b) In a proceeding in which the court has been requested by petition to approve a verified written statement of accounts, any person authorized by 30-4-5-12(c) to petition for an accounting may file an appropriate responsive pleading, and if he does so, he must file it within the period of time after notice that a responsive pleading is required to be filed after service of a prior pleading under the Indiana Rules of Procedure.(c) When a responsive pleading filed under subsection (b) of this section includes objections to any matter contained in the trustee's statement, those objections must be specific unless the court orders otherwise.(d) Upon request for approval of a verified written statement of accounts and the filing of objections, if any, the court shall determine the correctness of the statement and the validity and propriety of all actions of the trustee described in the statement and may take any additional action that it deems necessary.Formerly: Acts 1971, P.L.416, SEC.6.
IN Code § 30-4-5-15 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 5. Rules Governing the Administration of a Trust|30-4-5-15. Judgment; Fees

Sec. 15. (Judgment; Fees)(a) Subject to the right of appeal, a judgment rendered by the court under 30-4-5-14, either approving the statement or disapproving it and surcharging the trustee, is final, conclusive and binding upon all the parties to the action who are subject to the jurisdiction of the court.(b) Entry of the judgment by the court finally disposes of the matter and the clerk may not tax or charge a service fee for any year beyond that in which the judgment is rendered.Formerly: Acts 1971, P.L.416, SEC.6.
IN Code § 30-4-5-16 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 5. Rules Governing the Administration of a Trust|30-4-5-16. Right to Compensation

Sec. 16. (a) Unless the terms of the trust provide otherwise, and except as provided in section 17 of this chapter, the trustee is entitled to reasonable compensation from the trust estate for acting as trustee.(b) If the terms of the trust specify the trustee's compensation, the trustee is entitled to be compensated as specified, but the court may allow more or less compensation if:(1) the duties of the trustee are substantially different from those contemplated when the trust was created; or(2) the compensation specified in the terms of the trust would be unreasonably low or high.(c) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for:(1) expenses that were properly incurred in the administration of the trust; and(2) expenses that were not properly incurred in the administration of the trust, to the extent necessary to prevent unjust enrichment of the trust.An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.Formerly: Acts 1971, P.L.416, SEC.6. As amended by P.L.238-2005, SEC.42.
IN Code § 30-4-5-17 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 5. Rules Governing the Administration of a Trust|30-4-5-17. Compensation if Trustee Breaches Trust

Sec. 17. (Compensation if Trustee Breaches Trust)(a) In a proceeding in which the trustee is found to be in breach of trust, the court may in its discretion either deny him all compensation, allow him a reduced compensation, or allow him full compensation.(b) In the exercise of its discretion under subsection (a) of this section, the court may consider, among others, the following facts:(1) whether the breach of trust was intentional, negligent, or without fault;(2) whether or not the trustee acted in good faith;(3) whether or not the breach of trust resulted in a loss to the trust estate;(4) if a loss results, whether the trustee has indemnified the trust estate; and(5) whether the trustee's services were of value to the trust estate.Formerly: Acts 1971, P.L.416, SEC.6.
IN Code § 30-4-5-18 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 5. Rules Governing the Administration of a Trust|30-4-5-18. Private Foundations

Sec. 18. Subject to section 20 of this chapter, every corporation which is organized under the laws of this state and which is a private foundation as defined in Section 509(a) of the Internal Revenue Code shall, unless otherwise provided in the articles of incorporation of such corporation:(a) distribute each taxable year amounts sufficient for such corporation to avoid liability for the tax imposed by Section 4942 of the Internal Revenue Code;(b) not engage in any act of self-dealing (as defined in Section 4941(d) of the Internal Revenue Code) which would subject such corporation to liability for the taxes imposed by Section 4941 of the Internal Revenue Code;(c) not retain any excess business holding (as defined in Section 4943(c) of the Internal Revenue Code) which would subject such corporation to liability for the taxes imposed by Section 4943 of the Internal Revenue Code;(d) not make any investment which would jeopardize the carrying out of any of such corporation's exempt purposes (within the meaning of Section 4944 of the Internal Revenue Code) and which would subject such corporation to liability for the taxes imposed by Section 4944 of the Internal Revenue Code; and(e) not make any taxable expenditure (as defined in Section 4945(d) of the Internal Revenue Code) which would subject such corporation to liability for the taxes imposed by Section 4945 of the Internal Revenue Code.Formerly: Acts 1971, P.L.416, SEC.6. As amended by P.L.2-1987, SEC.47.
IN Code § 30-4-5-19 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 5. Rules Governing the Administration of a Trust|30-4-5-19. Private Corporate Foundations Organized Before January 1, 1970; Application of Ic 30-4-5-18

Sec. 19. The provisions of 30-4-5-18 shall not apply to any such corporation organized before January 1, 1970, to the extent that a court of competent jurisdiction shall determine that application of such section to such corporation would be contrary to the terms of any instrument which may not be changed to conform to such section and by which such corporation is bound.Formerly: Acts 1971, P.L.416, SEC.6.
IN Code § 30-4-5-20 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 5. Rules Governing the Administration of a Trust|30-4-5-20. Private Corporate Foundations; Effective Dates of Ic 30-4-5-18

Sec. 20. The provisions of 30-4-5-18 shall be effective as to corporations to which such section applies in accordance with the following subsections (a) and (b):(a) With respect to each such corporation organized on or after January 1, 1970, the provisions of 30-4-5-18 shall be effective from and after the date of such corporation's organization.(b) With respect to each such corporation organized before January 1, 1970, the provisions of 30-4-5-18 shall be effective during taxable years commencing after December 31, 1971.Formerly: Acts 1971, P.L.416, SEC.6.
IN Code § 30-4-5-21 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 5. Rules Governing the Administration of a Trust|30-4-5-21. Trusts for Benevolent Public Purpose; General Rules

Sec. 21. Subject to the provisions of this section and of section 23 of this chapter, every trust for a benevolent public purpose that is subject to the provisions of Subchapter A of Chapter 42 of Subtitle D of the Internal Revenue Code shall:(1) distribute each taxable year amounts sufficient for such trust to avoid liability for the tax imposed by Section 4942 of the Internal Revenue Code, except that this subdivision shall not apply to split-interest trusts;(2) not engage in any act of self-dealing (as defined in Section 4941(d) of the Internal Revenue Code) which would subject such trust to liability for the taxes imposed by Section 4941 of the Internal Revenue Code;(3) not retain any excess business holding (as defined in Section 4943(c) of the Internal Revenue Code) which would subject such trust to liability for the taxes imposed by Section 4943 of the Internal Revenue Code;(4) not make any investment which would jeopardize the carrying out of any of such trust's exempt purposes (within the meaning of Section 4944 of the Internal Revenue Code) and which would subject such trust to liability for the taxes imposed by Section 4944 of the Internal Revenue Code; and(5) not make any taxable expenditure (as defined in Section 4945(d) of the Internal Revenue Code) which would subject such trust to liability for the taxes imposed by Section 4945 of the Internal Revenue Code.The provisions of this section shall not apply to split-interest trusts or amounts thereof to the extent that such split-interest trusts and amounts are not, under Section 4947 of the Internal Revenue Code, subject to the prohibitions applicable to private foundations.Formerly: Acts 1971, P.L.416, SEC.6. As amended by P.L.2-1987, SEC.48; P.L.41-2000, SEC.6.
IN Code § 30-4-5-22 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 5. Rules Governing the Administration of a Trust|30-4-5-22. Private and Charitable Trust Foundations; Split-Interest Trusts; Creation Before January 1, 1970; Application of Ic 30-4-5-21

Sec. 22. The provisions of 30-4-5-21 shall not apply to any such trust created before January 1, 1970, to the extent that a court of competent jurisdiction shall determine that application of such section to such trust would be contrary to the terms of any instrument which may not be changed to conform to such section and by which such trust is bound.Formerly: Acts 1971, P.L.416, SEC.6.
IN Code § 30-4-5-23 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 5. Rules Governing the Administration of a Trust|30-4-5-23. Private and Charitable Trust Foundations; Split-Interest Trusts; Effective Date of Ic 30-4-5-21

Sec. 23. The provisions of 30-4-5-21 shall be effective as to trusts to which such section applies in accordance with the following subsections (a) and (b):(a) With respect to each such trust first existing on or after January 1, 1970, the provisions of 30-4-5-21 shall be effective from and after the date such trust comes into existence.(b) With respect to each such trust existing before January 1, 1970, the provisions of 30-4-5-21 shall be effective during taxable years commencing after December 31, 1971.Formerly: Acts 1971, P.L.416, SEC.6.
IN Code § 30-4-5-25 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 5. Rules Governing the Administration of a Trust|30-4-5-25. "Interested Person"; Matters Resolved by Nonjudicial Settlement Agreement

Sec. 25. (a) As used in this section, "interested person" means a person whose consent would be required to achieve a binding settlement were the settlement to be approved by the court.(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.(c) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this article or other applicable law. A nonjudicial settlement may not be used to produce a result not authorized by other provisions of this article, including but not limited to terminating or modifying a trust in an impermissible manner.(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.
IN Code § 30-4-5.5-1 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 5.5. Enforcement Powers of Attorney General|30-4-5.5-1. Remedies by Attorney General Against Certain Trustees and Other Individuals

Sec. 1. (a) This section applies to the following:(1) A trustee of a benevolent trust, including a perpetual care fund or endowment care fund established under IC 23-14-48 or a prepaid funeral trust or escrow account established under IC 30-2-9, IC 30-2-10, or IC 30-2-13.(2) A cemetery owner.(3) A funeral home.(4) A beneficiary of a contract entered into under IC 30-2-9.(5) A seller (as defined in IC 30-2-13-10) under IC 30-2-13.(6) Any other person that holds a perpetual care fund, an endowment care fund, or a prepaid funeral trust fund.(b) A person described in subsection (a) may not do any of the following:(1) Commit a breach of trust.(2) Violate the mandate of a charitable trust.(3) Violate a duty listed in this article.(4) Fail to comply with a requirement or prohibition set forth in any of the following:(A) IC 23-14-48.(B) IC 23-14-48.5.(C) IC 23-14-49.(D) IC 23-14-51.(E) IC 30-2-9.(F) IC 30-2-10.(G) IC 30-2-13.(H) IC 30-4.(c) The attorney general may petition a court to issue one (1) or more of the following remedies for a breach, violation, or failure enumerated in subsection (b):(1) Injunctive relief.(2) Appointment of temporary or permanent receivers.(3) Permanent removal of trustees.(4) Appointment of permanent replacement trustees subject to court approval.A remedy under this subsection is in addition to any other remedy.(d) The attorney general may seek a remedy listed in subsection (c) against a trustee, a trust, or any other person described in subsection (a) for a breach, violation, or failure enumerated in subsection (b).(e) A court in which an action is brought under this section may do the following:(1) Issue a temporary restraining order, preliminary injunction, or permanent injunction.(2) Order a trustee, an escrow agent, a seller (as defined in IC 30-2-13-10), a cemetery owner, or a funeral home to pay restitution or money unlawfully received or retained from purchasers and deposit the restitution or money into an escrow account for distribution to aggrieved purchasers.(3) Order a trustee, an escrow agent, a seller (as defined in IC 30-2-13-10), a cemetery owner, or a funeral home to reimburse the state for reasonable costs incurred by the attorney general in investigating and prosecuting a violation of this section.(4) Impose civil penalties.(5) Provide for the appointment of a receiver.As added by P.L.245-2005, SEC.8. Amended by P.L.61-2008, SEC.15.
IN Code § 30-4-6-1 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 6. Procedure|30-4-6-1. Jurisdiction

Sec. 1. (Jurisdiction)Jurisdiction in this state for all matters arising under this article shall be with the court exercising probate jurisdiction.Formerly: Acts 1971, P.L.416, SEC.7.
IN Code § 30-4-6-2 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 6. Procedure|30-4-6-2. Continuing Jurisdiction

Sec. 2. (Continuing Jurisdiction)The court will have continuing jurisdiction to supervise the administration of the trust only if the settlor expressly directs in the terms of the trust that the court is to have that jurisdiction.Formerly: Acts 1971, P.L.416, SEC.7.
IN Code § 30-4-6-4 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 6. Procedure|30-4-6-4. Docketing of Trusts in General

Sec. 4. Except as provided in section 7 of this chapter and IC 30-4-7, unless the terms of the trust expressly direct that the court is to have continuing jurisdiction over the administration of the trust:(1) a trustee need not docket a trust in the records of the court nor may the court require a trust to be docketed; and(2) with respect to a decedent's estate docketed for the purpose of probate or administration, which either establishes a trust or makes a devise to another trust, the court shall have no continuing jurisdiction over the administration of the trust after any distribution from the estate is paid or delivered to the trustee.Formerly: Acts 1971, P.L.416, SEC.7. As amended by P.L.200-1991, SEC.5.
IN Code § 30-4-6-5 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 6. Procedure|30-4-6-5. Pleadings

Sec. 5. (Pleadings)Any proceedings under this article may be initiated on either a petition or complaint and upon notice as provided in 30-4-6-6.Formerly: Acts 1971, P.L.416, SEC.7.
IN Code § 30-4-6-6 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 6. Procedure|30-4-6-6. Notice

Sec. 6. (Notice)(a) Notice must be given to any person or his personal representative who is named as a party in a petition or complaint, whose rights may be affected or upon whom a liability might be imposed by any proceeding; to the Attorney General if the trust is for a benevolent public purpose; and to any other person whom the court may order to be given notice.(b) The form of notice required shall be in the form of a summons as provided for in the Indiana Rules of Procedure or in such other form as may be ordered or approved by the court.(c) The manner of service of a notice shall be the same as that provided in the Indiana Rules of Procedure for service of summons or such other manner as may be ordered or approved by the court.(d) Any person who is a nonresident of this state or whose address is unknown may be served by publication according to the Indiana Rules of Procedure. All persons served by publication whose names and addresses are known or can by reasonable diligence be ascertained by the party seeking service shall, in addition to such published notice, be served by registered or certified mail or other public means by which a return receipt may be requested.(e) The court shall give notice in any case in which it acts on its own motion.(f) Any person not under a legal disability or a personal representative may waive in writing notice of the proceeding.(g) An order of the court is binding as to all persons who are given notice of the proceeding, even though less than all interested persons receive notice.Formerly: Acts 1971, P.L.416, SEC.7.
IN Code § 30-4-6-6.5 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 6. Procedure|30-4-6-6.5. Methods for Sending Notice

Sec. 6.5. (a) The sending of notice or a document to a beneficiary, a trustee, or another interested person under this article or under IC 30-2-14 must be accomplished in a manner reasonably suitable under the circumstances and that is likely to result in receipt of the notice or document. Permissible methods for sending notice or a document include first class mail, personal delivery, delivery to the person's last known place of residence or place of business, or electronic delivery, including access to information by electronic means, if the intended recipient has agreed to receive the electronic delivery or to access a properly directed electronic message.(b) An electronic message meets the requirements of this chapter if the sender transmits the message to the intended recipient by a method that:(1) the sender and the recipient have previously agreed to in writing or in a previous electronic communication; or(2) is reasonably calculated to prevent unauthorized access to the content of the electronic message or to nonpublic identifying or personal information of the sender or recipient, such as encryption of the electronic message itself or sending the recipient a link to a password protected or encrypted web site that stores the electronic message and any related documents.As added by P.L.194-2017, SEC.12.
IN Code § 30-4-6-7 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 6. Procedure|30-4-6-7. Docketing as Part of Proceeding

Sec. 7. (Docketing as Part of Proceeding)(a) If it is necessary to the determination of any issue of law or fact in a proceeding, the court may direct that a copy of the trust instrument, if any, be kept in its records.(b) The filing of the trust instrument under subsection (a) of this section shall not result in continuing supervisory jurisdiction by the court. Upon conclusion of the proceeding, the trust instrument shall be removed from the court's records.Formerly: Acts 1971, P.L.416, SEC.7.
IN Code § 30-4-6-8 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 4. Trust Code|Chapter 6. Procedure|30-4-6-8. Bonding

Sec. 8. (a) Unless the terms of the trust provide otherwise, the trustee need not provide a bond to secure the trustee's performance as trustee.(b) If the trust is subject to continuing supervisory jurisdiction by the court, the court may, on its own motion, direct the trustee to provide a bond to secure performance of the trustee's duties.(c) Upon petition by an interested party, the court may direct the trustee to provide a bond to secure the trustee's performance, if the court deems it reasonably necessary to protect the interest of any beneficiary.(d) Unless the terms of the trust provide otherwise, the court may, in its discretion, direct a trustee appointed by the court under IC 30-4-3-33 to file a bond to secure the performance of the trustee's duties.(e) In any case in which bond is required, unless otherwise specified, the court shall determine the amount, term and surety of the bond to be provided. The court may also excuse a requirement of bond, reduce or increase the amount of the bond, release the surety, or permit substitution of another bond with the same or different sureties.Formerly: Acts 1971, P.L.416, SEC.7. As amended by P.L.238-2005, SEC.44.