Indiana Code 32-38-3-1. Trustee considered insured owner; conditions
(1) the transferee of the interest in real property is the trustee of the trust, the trust was established by the named insured owner, and the transferor is the named insured owner;
Terms Used In Indiana Code 32-38-3-1
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- 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.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
- Trustee: A person or institution holding and administering property in trust.
(3) the named insured owner is a natural person; and
(4) the transfer of the interest in real property is made by the named insured owner personally or by:
(A) the named insured owner’s attorney in fact;
(B) the named insured owner’s guardian or other similar person in a guardianship or protective proceeding in which the named insured owner is an incapacitated or a protected person; or
(C) the personal representative of the deceased named insured owner’s estate under the terms and conditions of the named insured owner’s last will and testament;
even if the named insured owner transfers the interest in real property to the trustee described in this section after the effective date of the policy or commitment.
As added by P.L.95-2007, SEC.19. Amended by P.L.2-2024, SEC.4.