Sec. 18. (a) A trust may be created to provide for the care of an animal alive during the settlor‘s lifetime.

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Terms Used In Indiana Code 30-4-2-18

  • Court: means a court having jurisdiction over trust matters. See Indiana Code 30-4-1-2
  • Person: has the meaning set forth in IC 30-2-14-9. See Indiana Code 30-4-1-2
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Settlor: means a person who establishes a trust including the testator of a will under which a trust is created. See Indiana Code 30-4-1-2
  • Trust property: means property either placed in trust or purchased or otherwise acquired by the trustee for the trust regardless of whether the trust property is titled in the name of the trustee or the name of the trust. See Indiana Code 30-4-1-2
     (b) A trust authorized by this section terminates as follows:

(1) If the trust is created to provide for the care of one (1) animal alive during the settlor’s lifetime, the trust terminates on the death of the animal.

(2) If the trust is created to provide for the care of more than one (1) animal alive during the settlor’s lifetime, the trust terminates on the death of the last surviving animal.

     (c) A trust authorized by this section may be enforced by the following:

(1) A person appointed in the terms of the trust.

(2) A person appointed by the court, if the terms of the trust do not appoint a person.

     (d) A person having an interest in the welfare of an animal for whose care a trust is established may request the court to:

(1) appoint a person to enforce the trust; or

(2) remove a person appointed to enforce the trust.

     (e) Property of a trust authorized by this section may be applied only to the trust’s intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the trust’s intended use.

     (f) Except as provided in the terms of the trust, property not required for the trust’s intended use must be distributed to the following:

(1) The settlor, if the settlor is living.

(2) The settlor’s successors in interest, if the settlor is deceased.

As added by P.L.238-2005, SEC.26.

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