Skip to main content
Find a Lawyer

Indiana Code Title 30. Trusts and Fiduciaries § 30-4-1.5-13

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 13. (a) For purposes of IC 29-3, IC 30-5, and IC 32-39:

(1) the electronic record for an electronic trust instrument is a “digital asset” as defined in IC 32-39-1-10;

(2) the electronic record for an electronic trust instrument is not an “electronic communication” as defined in 18 U.S.C. 2510(12) or IC 32-39-1-12;

(3) the digital or electronic transfer of an electronic record for an electronic trust instrument between any two (2) persons other than the settlor and the settlor's attorney is an “electronic communication” as defined in 18 U.S.C. 2510(12) or IC 32-39-1-12;

(4) a custodian of an electronic trust instrument is also a “custodian” as defined in IC 32-39-1-8;  and

(5) the:

(A) settlor of an electronic trust instrument;

(B) trustee of a trust;  or

(C) attorney representing the settlor, trustee, or another person with authorized possession of or authorized access to the electronic record for an electronic trust instrument;

is a “user” for purposes of IC 32-39 if the settlor, trustee, attorney, or other authorized person contracts with another person to store the electronic record for the electronic trust instrument.

(b) The execution or revocation of an electronic trust instrument may be a contract of a “transaction in or affecting interstate or foreign commerce” for purposes of the federal E-sign Act (15 U.S.C. 7001).

(c) The execution or revocation of an electronic trust instrument is subject to IC 26-2-8 unless there is a conflict between IC 26-2-8 and any provision contained in this article.  In the event of a conflict between IC 26-2-8 and a provision of this article, the provision in this article shall control.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Indiana Code Title 30. Trusts and Fiduciaries § 30-4-1.5-13 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-30-trusts-and-fiduciaries/in-code-sect-30-4-1-5-13/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard