Sec. 16. (a) Unless the terms of the trust provide otherwise, and except as provided in section 17 of this chapter, the trustee is entitled to reasonable compensation from the trust estate for acting as trustee.
(b) If the terms of the trust specify the trustee's compensation, the trustee is entitled to be compensated as specified, but the court may allow more or less compensation if:
(1) the duties of the trustee are substantially different from those contemplated when the trust was created; or
(2) the compensation specified in the terms of the trust would be unreasonably low or high.
(c) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for:
(1) expenses that were properly incurred in the administration of the trust; and
(2) expenses that were not properly incurred in the administration of the trust, to the extent necessary to prevent unjust enrichment of the trust.
An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.
Formerly: Acts 1971, P.L.416, SEC.6. As amended by P.L.238-2005, SEC.42.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 5. Rules Governing the Administration of a Trust
30-4-5-0.5. Application of Uniform Principal and Income Act
30-4-5-12. Accounting by Trustees
30-4-5-13. Content of Written Statements of Account Filed With the Court
30-4-5-14. Settlements; Objections; Hearing; Surcharge
30-4-5-14.5. Nonjudicial Settlement; Procedures
30-4-5-16. Right to Compensation
30-4-5-17. Compensation if Trustee Breaches Trust
30-4-5-18. Private Foundations
30-4-5-20. Private Corporate Foundations; Effective Dates of Ic 30-4-5-18
30-4-5-21. Trusts for Benevolent Public Purpose; General Rules
30-4-5-25. "Interested Person"; Matters Resolved by Nonjudicial Settlement Agreement