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2017 Indiana Code
TITLE 30. Trusts and Fiduciaries
ARTICLE 4. TRUST CODE
CHAPTER 2.1. Rules for Interpretation of Trusts
30-4-2.1-16. Rules of interpretation concerning a trustee's independence from the settlor
Universal Citation: IN Code § 30-4-2.1-16 (2017)
IC 30-4-2.1-16 Rules of interpretation concerning a trustee's independence from the settlor
Sec. 16. Absent clear and convincing evidence otherwise, a settlor of an irrevocable trust may not be considered the alter ego of a trustee. The following factors, alone or in combination, are not sufficient evidence to conclude that the settlor controls a trustee or is the alter ego of the trustee:
(1) Any combination of the factors listed in section 15 of this chapter.
(2) Isolated occurrences of the settlor signing checks, making disbursements, or executing other documents related to the trust as a trustee when the settlor is, in fact, not a trustee.
(3) Requesting a trustee to make distributions on behalf of a beneficiary.
(4) Requesting a trustee to hold, purchase, or sell any trust property.
As added by P.L.6-2010, SEC.16.
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