Sec. 35. (a) Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property. The custodial trustee shall provide a written statement of the administration of the custodial trust property:
(1) once each year;
(2) upon request at reasonable times by the beneficiary or the beneficiary's legal representative;
(3) upon resignation or removal of the custodial trustee; and
(4) upon termination of the custodial trust.
The statements described by this section must be provided to the beneficiary or to the beneficiary's legal representative, if any. Upon termination of the beneficiary's interest, the custodial trustee shall furnish a current statement to the person to whom the custodial trust property is to be delivered.
(b) The following may petition the court for an accounting by the custodial trustee or the custodial trustee's legal representative:
(1) A beneficiary.
(2) The beneficiary's legal representative.
(3) An adult member of the beneficiary's family.
(4) A person interested in the custodial trust property.
(5) A person interested in the welfare of the beneficiary.
(c) A successor custodial trustee may petition the court for an accounting by a predecessor custodial trustee.
(d) In an action or proceeding under this chapter or in any other proceeding, the court may require or permit the custodial trustee or the custodial trustee's legal representative to account. The custodial trustee or the custodial trustee's legal representative may petition the court for approval of final accounts.
(e) If a custodial trustee is removed, the court shall:
(1) require an accounting;
(2) order delivery of the custodial trust property and records to the successor custodial trustee; and
(3) order the execution of all instruments required for transfer of the custodial trust property.
(f) On petition of the custodial trustee or any person who could petition for an accounting, the court, after notice to interested persons, may:
(1) issue instructions to the custodial trustee;
(2) review the propriety of the acts of a custodial trustee; or
(3) review the reasonableness of compensation determined by the custodial trustee for the services of the custodial trustee or others.
As added by P.L.3-2003, SEC.1.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 8.6. Uniform Custodial Trust Act
30-2-8.6-2. Transfer Under Other State's Law; Enforcement
30-2-8.6-7. "Custodial Trust Property"
30-2-8.6-8. "Custodial Trustee"
30-2-8.6-11. "Legal Representative"
30-2-8.6-12. "Member of the Beneficiary's Family"
30-2-8.6-14. "Personal Representative"
30-2-8.6-18. Creating a Custodial Trust
30-2-8.6-19. Terminating a Custodial Trust
30-2-8.6-20. Adding Trust Property
30-2-8.6-21. Successor Custodial Trustee
30-2-8.6-22. Creation and Enforcement of Trust Under Other Law
30-2-8.6-23. Custodial Trust Upon Occurrence of Future Event
30-2-8.6-24. Custodial Trustee's Acceptance of Trust Property
30-2-8.6-25. Transfer for Use and Benefit of Incapacitated Individual
30-2-8.6-26. Multiple Beneficiaries
30-2-8.6-27. Custodial Trustee's Powers and Duties
30-2-8.6-28. Rights and Powers
30-2-8.6-29. Distribution of Custodial Trust Property
30-2-8.6-30. Administering Custodial Trust for Incapacitated Beneficiary
30-2-8.6-31. Reliance on Person Purporting to Be Custodial Trustee
30-2-8.6-32. Claim by Third Person Against Custodial Trustee
30-2-8.6-33. Resigning or Declining to Serve as Custodial Trustee
30-2-8.6-34. Compensation of Custodial Trustee
30-2-8.6-35. Written Statement of Trust Administration; Petition for Accounting
30-2-8.6-36. Claim Against Custodial Trustee's Claim Barred Against Other Parties
30-2-8.6-37. Termination of a Custodial Trust