Sec. 4. Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the administration of a trust, or of the estate of a decedent, a person under eighteen (18) years of age, or a mentally incompetent person may have a declaration of rights or legal relations:

(1) to ascertain any class of creditors, devisee, legatees, heirs, next of kin, or others;

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Terms Used In Indiana Code 34-14-1-4

  • Decedent: A deceased person.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Legatee: A beneficiary of a decedent
  • Mentally incompetent: means of unsound mind. See Indiana Code 1-1-4-5
  • Trustee: A person or institution holding and administering property in trust.
(2) to direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or

(3) to determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.

[Pre-1998 Recodification Citation: 34-4-10-4.]

As added by P.L.1-1998, SEC.9.