Sec. 40. An exercise of the decanting power must be made in a record signed by an authorized fiduciary. The signed record must:

(1) directly or indirectly reference the notice required by section 35 of this chapter;

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Terms Used In Indiana Code 30-4-10-40

  • decanting power: means the power of an authorized fiduciary under this chapter to:

    Indiana Code 30-4-10-12

  • Fiduciary: A trustee, executor, or administrator.
  • first trust: means a trust over which an authorized fiduciary may exercise the decanting power. See Indiana Code 30-4-10-15
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Indiana Code 30-4-10-25
  • second trust: means :

    Indiana Code 30-4-10-26

  • state: means :

    Indiana Code 30-4-10-30

(2) identify the first trust and the second trust;

(3) identify and state the property of the first trust being distributed to each second trust; and

(4) identify the property that remains in the first trust.

As added by P.L.161-2022, SEC.3.

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