Sec. 37. (a) Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property:
(1) to the beneficiary, if not incapacitated or deceased;
(2) to the guardian or other recipient designated by the court for an incapacitated beneficiary; or
(3) upon the beneficiary's death, in the following order:
(A) as last directed in a writing:
(i) signed by the deceased beneficiary while not incapacitated; and
(ii) received by the custodial trustee during the life of the deceased beneficiary;
(B) to the survivor of multiple beneficiaries if survivorship is provided for under section 26 of this chapter;
(C) as designated in the instrument creating the custodial trust; or
(D) to the estate of the deceased beneficiary.
(b) If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated.
(c) Death of a beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust.
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