IC 30-4-7


    

Chapter 7. Adjudicated Compromise of Controversies


IC 30-4-7-1

Application of chapter

    


Sec. 1. This chapter applies to the compromise of a contest or
controversy with respect to the following:

        (1) The construction, validity, or effect of a trust instrument.

        (2) The identity, rights, or interests of a beneficiary of a trust.

        (3) The administration of a trust.

As added by P.L.200-1991, SEC.6.


IC 30-4-7-2

Binding effect of compromise

    


Sec. 2. A compromise executed under this chapter is binding on
all parties to the compromise, including a party represented by a
guardian or guardian ad litem.

As added by P.L.200-1991, SEC.6.


IC 30-4-7-3

Rights of creditors or taxing authorities

    


Sec. 3. A compromise executed under this chapter does not impair
the rights of creditors or taxing authorities that are not parties to the
compromise.

As added by P.L.200-1991, SEC.6.


IC 30-4-7-4

Appointment of guardian or guardian ad litem

    


Sec. 4. The court may appoint a guardian or a guardian ad litem
to represent the following persons or interests in a compromise
executed under this chapter if the persons or interests do not have a
guardian or guardian ad litem:

        (1) A minor.

        (2) A person who is without legal capacity to personally act.

        (3) A person whose present existence or whereabouts cannot be
ascertained.

        (4) A person who is not yet born or adopted.

        (5) An inalienable estate.

        (6) A future contingent interest.

As added by P.L.200-1991, SEC.6.


IC 30-4-7-5

Law governing appointment of guardian or guardian ad litem

    


Sec. 5. IC 29-1-1-20 applies to the appointment of a guardian or
guardian ad litem under section 4 of this chapter.

As added by P.L.200-1991, SEC.6.


IC 30-4-7-6

Agreement of compromise

    


Sec. 6. The terms of a compromise executed under this chapter


must be set forth in an agreement that is:

        (1) in writing; and

        (2) executed by all persons or the guardians or guardians ad
litem appointed under section 4 of this chapter of all persons
who:

            (A) have an interest in the trust; or

            (B) have a claim against the trust.

As added by P.L.200-1991, SEC.6.


IC 30-4-7-7

Docket of documents

    


Sec. 7. After a compromise is executed, an interested person may
docket the trust and submit the following documents to the court for
the court's approval:

        (1) The agreement executed under section 6 of this chapter.

        (2) A copy of the trust instrument.

        (3) Any other relevant documents.

As added by P.L.200-1991, SEC.6.


IC 30-4-7-8

Notice and hearing on agreement

    


Sec. 8. After notice has been given in the manner directed by the
court to:

        (1) all interested persons;

        (2) the guardians or guardians ad litem of interested persons;

        (3) the personal representative of an estate affected by the
agreement; and

        (4) the trustee of a trust affected by the agreement;

the court shall hold a hearing on the agreement.

As added by P.L.200-1991, SEC.6.


IC 30-4-7-9

Court order

    


Sec. 9. If the court finds:

        (1) the contest or controversy is in good faith; and

        (2) the effect of the agreement on the interests of all the parties
is just and reasonable;

the court shall enter an order approving the agreement submitted
under section 7 of this chapter and directing the trustee and the
parties to the agreement to carry out the terms of the agreement.

As added by P.L.200-1991, SEC.6.


IC 30-4-7-10

Effect of entry of order

    


Sec. 10. If the court enters an order under section 9 of this
chapter, all further disposition of the trust that is within the scope of
the agreement shall be made under the terms of the agreement.

As added by P.L.200-1991, SEC.6.