Sec. 18. (a) A
person having the right to designate the recipient of
property transferable upon the occurrence of a future event may revocably nominate a
custodian to receive the property for a
minor beneficiary upon the occurrence of the event by naming the custodian, followed by the words: “as custodian for ________________________ (name of minor) under the Indiana uniform transfers to minors act”. The nomination may name one (1) or more persons as substitute custodians to whom the property shall be transferred, in the order named, if the first nominated custodian dies before the
transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a
deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights that is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.
Ask a will, trust or estate question, get an answer ASAP!
Thousands of highly rated, verified estate & trust lawyers.
Click here to chat with a lawyer about your rights.
Terms Used In Indiana Code 30-2-8.5-18
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- custodial property: means :
Indiana Code 30-2-8.5-4
- custodian: means a person designated as a custodian under section 24 of this chapter or a successor or substitute custodian designated under section 33 of this chapter. See Indiana Code 30-2-8.5-5
- Deed: The legal instrument used to transfer title in real property from one person to another.
- minor: means an individual who is less than twenty-one (21) years of age. See Indiana Code 30-2-8.5-10
- person: means an individual, corporation, organization, or other legal entity. See Indiana Code 30-2-8.5-11
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- transfer: means a transaction that creates custodial property under section 24 of this chapter. See Indiana Code 30-2-8.5-14
(b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under section 24(a) of this chapter.
(c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under section 24 of this chapter. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property under section 24 of this chapter.
As added by P.L.267-1989, SEC.2.