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Indiana Code Title 30. Trusts and Fiduciaries § 30-4-1.5-5

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

Sec. 5. (a) If a settlor creates an inter vivos trust or amends or restates the trust by electronically signing an electronic trust instrument, the person named as trustee may:

(1) electronically sign the electronic record for the electronic trust instrument at or about the same time as the settlor's electronic signature;

(2) electronically sign:

(A) a separate electronic record referring to the electronic trust instrument, its date, and the name of the settlor;  and

(B) a statement that explicitly accepts:

(i) the appointment as trustee;  and

(ii) the trust's terms;

(3) make an ordinary signature on a complete converted copy of the electronic trust instrument in order to signify the person's acceptance of the trust's terms and the person's appointment as trustee;  or

(4) make an ordinary signature on a separate written acceptance.

(b) Except as provided in subsection (d), a person named as trustee who exercises powers or performs duties under the trust is presumed to have accepted the trust.

(c) The person named as trustee may reject the trust in writing or in an electronically signed document.  A person named as trustee who rejects a trust in the manner described in this subsection will incur no liability.  If, after being informed of the named person's appointment as trustee, the named person does not:

(1) expressly accept the trust;  or

(2) exercise powers or perform duties under the trust within a reasonable time;

the named person shall be presumed to have rejected the trust.

(d) If there is an immediate risk of damage to the trust estate, the person named as trustee may act to preserve the trust estate and will not be presumed to have accepted the trust if the named person delivers a written or electronically signed rejection, at the time of or shortly after the person acts, to:

(1) the settlor;

(2) the beneficiary;  or

(3) the court having jurisdiction over the administration of the trust estate.

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

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