Sec. 21. (a) A trustee of a trust may be a designated beneficiary regardless of whether the trust is amendable, revocable, irrevocable, funded, unfunded, or amended after the designation is made.
(b) Unless a beneficiary designation provides otherwise, a trust that is revoked or terminated before the death of the owner is considered nonexistent at the owner's death.
(c) Unless a beneficiary designation provides otherwise, a legal entity or trust that does not:
(1) exist; or
(2) come into existence effective as of the owner's death;
is considered nonexistent at the owner's death.
(d) For purposes of this section, an owner's testamentary trust is considered to have come into existence as of the owner's death if the owner's last will and testament is admitted to probate.
As added by P.L.143-2009, SEC.41. Amended by P.L.149-2012, SEC.14.
Structure Indiana Code
Article 17. Interests in Property
Chapter 14. Transfer on Death Property Act
32-17-14-0.2. Application of Prior Law
32-17-14-2.1. Application of Chapter to Preexisting Transfer on Death Transfers
32-17-14-5. General Rules Concerning Transfer on Death Transfers
32-17-14-6. Authority of a Transferring Entity
32-17-14-7. Agreement Between Owner and Transferring Entity
32-17-14-8. Transferring Entity's Acceptance of a Beneficiary Designation
32-17-14-9. Beneficiary Designation; Effects; Requirements
32-17-14-10. Assignment of Contract Rights
32-17-14-11. Transfer on Death Deeds
32-17-14-12. Transfer on Death Transfers of Tangible Personal Property
32-17-14-13. Direct Transfer to a Transferee to Hold as Owner in Beneficiary Form
32-17-14-14. Registration in Beneficiary Form
32-17-14-16. Changing or Revoking a Beneficiary Designation
32-17-14-17. Powers of an Attorney in Fact, a Guardian, a Conservator, or an Agent
32-17-14-20. Beneficiary Required to Survive the Owner
32-17-14-21. Trusts as Designated Beneficiaries
32-17-14-22. Substitution for Designated Beneficiaries Who Do Not Survive the Owner
32-17-14-23. Effect of Dissolution or Annulment
32-17-14-24. Fraud, Duress, Undue Influence, Mistake, or Lack of Capacity
32-17-14-25. Rights of Surviving Spouses and Children
32-17-14-26. General Rules Applying to a Beneficiary Designation
32-17-14-27. Powers and Duties of a Transferring Entity
32-17-14-28. Effect of Improper Distributions
32-17-14-29. Creditors of an Owner