2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 1.5. Electronic Trust Instruments › 30-4-1.5-7. Maintenance, Receipt, and Transfer of Electronic Trust Instrument

Sec. 7. (a) Any person with the written authorization of the settlor may maintain, receive, or transfer custody of:
(1) the electronic record associated with an electronic trust instrument;
(2) a complete converted copy of the electronic trust instrument; or
(3) any document integrity evidence associated with the electronic trust instrument.
A settlor may identify and designate an adult individual or other person as the custodian of the electronic trust instrument within the electronic record associated with the electronic trust instrument.
(b) A custodian of an electronic trust instrument and any accompanying document integrity evidence that is logically associated with the electronic trust instrument has the following responsibilities:
(1) To use best practices to maintain custody of the electronic record for the electronic trust instrument and any accompanying document integrity evidence.
(2) To use best practices and commercially reasonable means to:
(A) maintain the privacy and security of the electronic record associated with an electronic trust instrument; and
(B) exercise reasonable care to guard against unauthorized:
(i) disclosure; and
(ii) alteration or tampering with;
the electronic record.
(3) To maintain electronic and conceptual separation between different settlors and their respective electronic records and electronic trust instruments if the custodian maintains custody of two (2) or more electronic records or electronic trust instruments.
(4) To promptly generate a complete converted copy of each electronic trust instrument and all accompanying document integrity evidence after receiving a written request to do so from a living settlor, the court, or another authorized person.
(5) To promptly respond to a written instruction from the living settlor or another person with written authorization originating from the living settlor to transfer custody of the electronic trust instrument to a successor custodian.
(6) To transfer the entire electronic record of the electronic trust instrument to a successor custodian upon the receipt of a written instruction requesting the transfer of the entire electronic record of an electronic trust instrument to a successor custodian.
(7) To provide an executed delivery receipt to the outgoing custodian who transfers:
(A) the electronic record;
(B) the electronic trust instrument;
(C) any accompanying document integrity evidence; or
(D) information pertaining to the format in which the electronic record or electronic trust instrument is received;
if the receiving custodian agrees to assume responsibility for an electronic record or an electronic trust instrument and all associated documents from an outgoing custodian.
(8) To perform the following upon the death of the settlor:
(A) To relinquish possession and control of the:
(i) electronic record associated with the settlor's electronic trust instrument; or
(ii) complete converted copy of the testator's electronic will (if applicable);
to a person authorized to receive these items under section 8 of this chapter.
(B) To comply with the court's order requiring the electronic filing or delivery of the electronic trust instrument and any accompanying document integrity evidence, as applicable, with the court.
(C) To provide an accurate copy of:
(i) the electronic record of the settlor's electronic trust instrument; or
(ii) a complete converted copy of the settlor's electronic trust instrument;
to any interested person who is entitled to receive a copy under the terms of the trust or IC 30-4-3-6(b).
(D) To furnish, for any court hearing or matter involving an electronic trust instrument currently or previously stored by the custodian, any information requested by the court pertaining to the custodian's policies, practices, or qualifications as they relate to the maintenance, production, or storage of electronic trust instruments.
(c) A proposed successor custodian has no obligation to accept delivery of an electronic trust instrument from an outgoing custodian or to accept the responsibility to maintain custody of the electronic record for an electronic trust instrument. A successor custodian's execution of a delivery receipt constitutes acceptance of:
(1) the appointment as successor custodian; and
(2) the responsibility to maintain and preserve the accepted electronic trust instrument.
(d) If a custodian wishes to discontinue custody of an electronic trust instrument, the custodian must send written notice to the settlor or, if the settlor's whereabouts are unknown, to the currently serving trustee or any other person holding written authority from the settlor and identifiable from custodian records.
(e) A written notice described in subsection (d) must inform the settlor or other person authorized to act on the settlor's behalf that the custodian will transfer custody of the electronic trust instrument to a successor custodian chosen by the current custodian unless a written instruction is issued to the current custodian by the settlor, current trustee, or other authorized person not later than thirty (30) days after the written notice described in subsection (d) was first issued.
(f) If the settlor, current trustee, or other authorized person does not respond to a written notice described in subsection (d) with a contrary written instruction by the end of the thirty (30) day period described in subsection (e), the custodian may dispose of the electronic record associated with an electronic trust instrument in one (1) of the following ways:
(1) The current custodian may transfer custody of the electronic record for the electronic trust instrument to a successor custodian previously designated in writing by the settlor.
(2) The current custodian may transfer custody of the electronic trust instrument to a successor custodian selected by the current custodian.
(3) The current custodian may transmit a complete converted copy of the electronic trust instrument and an accompanying affidavit of regularity to the person who received the thirty (30) day notice described in subsection (e).
As added by P.L.40-2018, SEC.3.