Sec. 29. (a) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to:
(1) the duty or ability of the custodian personally or of any other person to support the minor; or
(2) any other income or property of the minor that may be applicable or available for the support of the minor.
(b) At any time and without a court order, a custodian may transfer part or all of the custodial property to a trust, including a trust created by the custodian, in which:
(1) the minor is the sole beneficiary of the trust; and
(2) the terms of the trust satisfy the requirements of Section 2503(c) of the Internal Revenue Code and the regulations under that section.
The transfer terminates the custodianship of the property to the extent of the transfer.
(c) On petition of an interested person or the minor if the minor is at least fourteen (14) years of age, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit as much of the custodial property as the court considers advisable for the use and benefit of the minor.
(d) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect an obligation of a person to support the minor.
As added by P.L.267-1989, SEC.2. Amended by P.L.238-2005, SEC.17; P.L.95-2007, SEC.17.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 8.5. Indiana Uniform Transfers to Minors Act
30-2-8.5-2. "Benefit Plan" Defined
30-2-8.5-4. "Custodial Property" Defined
30-2-8.5-5. "Custodian" Defined
30-2-8.5-6. "Financial Institution" Defined
30-2-8.5-7. "Guardian" Defined
30-2-8.5-8. "Legal Representative" Defined
30-2-8.5-9. "Members of the Minor's Family" Defined
30-2-8.5-12. "Personal Representative" Defined
30-2-8.5-14. "Transfer" Defined
30-2-8.5-15. "Transferor" Defined
30-2-8.5-16. "Trust Company" Defined
30-2-8.5-17. Scope and Jurisdiction
30-2-8.5-18. Nomination of Custodian
30-2-8.5-19. Transfer by Gift or Exercise of Power of Appointment
30-2-8.5-20. Transfer Authorized by Will or Trust; Designation of Custodian
30-2-8.5-21. Other Transfers by Fiduciary; Guardian as Custodian
30-2-8.5-22. Transfer by Obligor
30-2-8.5-23. Receipt for Custodial Property
30-2-8.5-25. Single Custodianship
30-2-8.5-26. Validity and Effect of Transfer
30-2-8.5-27. Care of Custodial Property
30-2-8.5-28. Powers of Custodian
30-2-8.5-29. Use of Custodial Property; Transfer of Property to Trust
30-2-8.5-30. Custodian's Expenses, Compensation, and Bond
30-2-8.5-31. Exemption of Third Person From Liability
30-2-8.5-32. Liability to Third Person
30-2-8.5-34. Accounting by and Determination of Liability of Custodian
30-2-8.5-35. Termination of Custodianship
30-2-8.5-37. Effect on Existing Custodianships