Sec. 34. (a) At any time during the administration of a trust, a trustee or any interested person may petition the court to determine the:
(1) heirs of:
(A) the settlor; or
(B) any person named in the trust; and
(2) respective interests of the persons described in subdivision (1) in the trust estate or any part of the trust estate.
(b) If a petition is filed under this section, the court shall fix the time for a hearing on the petition. Notice of the hearing shall be given in the following manner:
(1) Personally or by mail to persons who are named in the trust and:
(A) are known to claim;
(B) are believed to claim; or
(C) have;
an interest in the trust estate or any part of the trust estate as heir or through an heir of the settlor.
(2) By publication to any unknown heirs.
(c) When a hearing is held on the petition, the issues set forth in the petition under subsection (a) may be determined by:
(1) competent evidence; or
(2) affidavit, if there are no objections.
A record shall be made of the oral evidence. The record and affidavits must be a part of the files in the trust proceeding.
(d) If there is satisfactory proof, the court shall make a decree that determines the issues set forth in the petition under subsection (a). The court's decree is conclusive of the facts determined by the court with regard to any interested person who has been notified personally or by mail in accordance with subsection (b)(1), subject to the interested person's right of appeal.
(e) An act of the trustee is valid with regard to the rights and liabilities of a purchaser, a lessee, or other person who deals with the trustee for value and in good faith, if the trustee acts in:
(1) accordance with the facts as determined by the court's decree under subsection (d);
(2) accordance with the law; and
(3) good faith.
As added by P.L.238-2005, SEC.40.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
30-4-3-1.3. Revocable Trusts; Powers of Settlor; Duties of Trustees
30-4-3-1.5. Revocation or Amendment of Trust by Settlor
30-4-3-2. Power to Restrain Transfer of a Beneficiary's Interest
30-4-3-3.2. Perpetual Care Fund Trusts; Trustee Withdrawals
30-4-3-4. Exercise of Powers by Multiple, Successor, or Surviving Trustees
30-4-3-5. Conflict of Interest in Exercise of Powers
30-4-3-7. Self-Dealing; Transactions Between Trusts
30-4-3-7.5. Transactions Authorized
30-4-3-8. Duties of Co-Trustees
30-4-3-9. Duty of Trustee Under Control of Third Persons
30-4-3-10. Liability to Third Persons
30-4-3-11. Potential Liability of Trustee to Beneficiary; Remedies; Removal of Trustee
30-4-3-12. Liability for Breach of Trust by Co-Trustee
30-4-3-13. Liability of a Successor Trustee
30-4-3-14. Contribution and Indemnity
30-4-3-15. Remedies of Trustee Against Third Persons
30-4-3-16. Remedies Among Co-Trustees
30-4-3-17. Remedies of Trustee Against Beneficiary
30-4-3-18. Other Remedies of the Trustee
30-4-3-19. Relief of Trustee's Liability for Breach of Trust
30-4-3-20. Liability of Beneficiary
30-4-3-21. Remedies of Beneficiary Against Third Persons
30-4-3-22. Remedies of the Beneficiary Against the Trustee
30-4-3-23. Remedy of a Beneficiary Against a Co-Beneficiary
30-4-3-24.4. Modification or Termination of Trust by Court
30-4-3-24.5. Termination by Trustee of Trust With Value Less Than $75,000
30-4-3-25. Rescission and Reformation
30-4-3-25.5. Distribution of Terminated Trust; Payment of Federal and State Taxes
30-4-3-26. Power to Direct a Deviation From the Terms of the Trust
30-4-3-29. Removal, Resignation, and Appointment of Trustees
30-4-3-29.3. Power to Appoint a Successor Trustee
30-4-3-29.5. Corporate Trustee That Acquires Trust Due to Change in Control
30-4-3-30. Effect of This Article on the Court's Equity Powers
30-4-3-32. Trustee's Liability for Breach of Trust
30-4-3-33. Trustee Vacancies; Priority for Filling Vacancy
30-4-3-34. Petition to Determine Heirs and Interests in Trust Estate