HB 1205

  • Indiana House Bill
  • 2022 Regular Session
  • Introduced in House
  • Passed House Jan 20, 2022
  • Passed Senate Feb 15, 2022
  • Signed by Governor Mar 18, 2022

Uniform trust decanting act and trustee duties.

Abstract

Allows a trustee of an irrevocable trust to appoint a successor trustee or multiple trustees. Provides that a trustee's power to appoint a successor trustee includes the power to allocate trustee powers to one or more trustees. Enacts the uniform trust decanting act. Creates a definition of the decanting power to include a power by a trustee to make limited modifications to an irrevocable trust, including an asset transfer to a new trust. Requires that a modification be consistent with a settlor's or charitable organization's intent. Permits the trustee of an existing trust to make modifications to or distributions from an existing trust for the benefit of a disabled beneficiary. Prohibits a trustee from being required to decant. Requires advanced notice to all qualified beneficiaries. Provides that the decanting power of an authorized fiduciary is not precluded by certain terms. (The introduced version of this bill was prepared by the Probate Code Commission.)

Bill Sponsors (3)

Votes


Actions


Mar 18, 2022

Office of the Governor

Signed by the Governor

House

Public Law 161

Mar 15, 2022

Senate

Signed by the President of the Senate

Feb 24, 2022

Senate

Signed by the President Pro Tempore

House

Signed by the Speaker

Feb 22, 2022

House

House concurred in Senate amendments; Roll Call 246: yeas 92, nays 0

Feb 21, 2022

House

Motion to concur filed

Feb 16, 2022

Senate

Returned to the House with amendments

Feb 15, 2022

Senate

Third reading: passed; Roll Call 201: yeas 47, nays 0

Feb 14, 2022

Senate

Second reading: ordered engrossed

Feb 10, 2022

Senate

Committee report: amend do pass, adopted

Feb 01, 2022

Senate

First reading: referred to Committee on Judiciary

  • Reading-1
  • Referral-Committee
judiciary

Jan 21, 2022

House

Referred to the Senate

Jan 20, 2022

House

Third reading: passed; Roll Call 50: yeas 84, nays 0

House

Senate sponsors: Senators Freeman and Koch

Jan 18, 2022

House

Second reading: ordered engrossed

Jan 13, 2022

House

Committee report: do pass, adopted

Jan 06, 2022

House

First reading: referred to Committee on Judiciary

  • Reading-1
  • Referral-Committee
judiciary

House

Authored by Representative Young J

Bill Text

Bill Text Versions Format
Introduced House Bill (H) PDF
House Bill (H) PDF
House Bill (S) PDF
Enrolled House Bill (H) PDF

Related Documents

Document Format
Fiscal Note: HB1205.04.ENRS.FN001 PDF

Sources

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