Sec. 37. (a) If a beneficiary of a trust cannot be found after a reasonable search, the trustee may file a petition setting out the facts of the unsuccessful search. The court may order the trustee to sell the shares of the trust to which the beneficiary is entitled and to pay the proceeds to the clerk of the court. The clerk shall hold the proceeds for the use and benefit of the person or persons thereafter determined by law to be entitled to the proceeds.
(b) If a trustee pays any money to the clerk of the court under this section, the trustee shall file a receipt with the court. Filing the receipt is sufficient to discharge the trustee in the same manner and to the same extent as though the trustee had paid or distributed the appropriate share of the trust to the unlocated beneficiary.
(c) This section does not apply to stocks, dividends, capital credits, patronage, refunds, utility deposits, membership fees, account balances, or book equities for which the owner cannot be found that are the result of distributable savings of a rural electric membership corporation formed under IC 8-1-13, a rural communications cooperative corporation formed under IC 8-1-17, or an agricultural cooperative association formed under IC 15-12-1.
As added by P.L.6-2010, SEC.20. Amended by P.L.81-2020, SEC.17.
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