Sec. 18. (a) A person may create a custodial trust of property by a written transfer of the property to another person, evidenced by registration of the property or by an instrument of transfer that:

(1) is executed in any lawful manner;

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Terms Used In Indiana Code 30-2-8.6-18

  • 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
  • beneficiary: means an individual for whom property:

    Indiana Code 30-2-8.6-6

  • custodial trust property: means the following:

    Indiana Code 30-2-8.6-7

  • custodial trustee: means a person designated as:

    Indiana Code 30-2-8.6-8

  • person: means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity. See Indiana Code 30-2-8.6-13
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • transferor: means a person who creates a custodial trust by transfer or declaration. See Indiana Code 30-2-8.6-16
  • Trustee: A person or institution holding and administering property in trust.
(2) names an individual as beneficiary who may be the transferor; and

(3) in substance, designates the transferee to be the custodial trustee of the property under this chapter.

     (b) A person may create a custodial trust of property by a written declaration evidenced by registration of the property or by another instrument of declaration that:

(1) is executed in any lawful manner;

(2) describes the property;

(3) names as beneficiary an individual other than the declarant; and

(4) in substance, designates the declarant, who is also the titleholder of the property, to be the custodial trustee of the property under this chapter.

     (c) A registration or other declaration of trust for the sole benefit of the declarant is not a custodial trust under this chapter.

     (d) Title to custodial trust property is in the custodial trustee and the beneficial interest is in the beneficiary.

As added by P.L.3-2003, SEC.1.