§ 30-2-14-16 — Notice of proposed action

(a) A trustee may give a notice of proposed
action regarding a matter governed by this chapter as set forth in this
section. For purposes of this section, a proposed action includes a
course of action and a decision not to take action.
(b) The trustee shall mail notice of the proposed action to all living
beneficiaries who:
(1) are receiving; or
(2) are entitled to receive:
(A) income under the trust; or
(B) a distribution of principal;
if the trust were terminated at the time the notice is given.
If a beneficiary described in this subsection is a minor, the trustee may
comply with this subsection by mailing the notice to any court
appointed or natural guardian of the minor.
(c) A trustee is not required to give notice of proposed action to any
person who consents in writing to the proposed action. The consent
may be executed at any time before or after the proposed action is
taken.
(d) The notice of proposed action shall state that the notice is given
as set forth in this section and shall state all of the following:
(1) The name and mailing address of the trustee.
(2) The name and telephone number of a person who may be
contacted for additional information.
(3) A description of the action proposed to be taken and an
explanation of the reasons for the action.
(4) The time within which objections to the proposed action may
be made, which shall be at least thirty (30) days after the mailing
of the notice of proposed action.
(5) The date on or after which the proposed action may be taken
or is effective.
(6) A beneficiary may object to the proposed action by mailing a
written objection to the trustee at the address stated in the notice
of proposed action within the period specified in the notice of
proposed action.
(e) A trustee is not liable to a beneficiary for an action regarding a
matter governed by this chapter if:
(1) the trustee does not receive a written objection to the proposed
action from the beneficiary within the applicable period; and
(2) the other requirements of this section are satisfied.
If a beneficiary not entitled to notice objects under this section, the
trustee is not liable to any current or future beneficiary with respect to
the proposed action.
(f) If the trustee receives a written objection within the applicable
period, either the trustee or a beneficiary may petition the court to have
the proposed action taken as proposed, taken with modifications, or
denied. In the proceeding, a beneficiary objecting to the proposed
action has the burden of proving that the trustee's proposed action
should not be taken. A beneficiary who has not objected is not estopped
from opposing the proposed action in the proceeding. If the trustee
decides not to implement the proposed action, the trustee shall mail
notice to the beneficiaries described in subsection (b) of the decision
not to take the action. The trustee's decision not to implement the
proposed action does not itself give rise to liability to any current or
future beneficiary. Within thirty (30) days after the mailing of the
notice not to implement the proposed action, a beneficiary may petition
the court to have the action taken and has the burden of proving that it
should be taken.

Legislative History

As added by P.L.84-2002, SEC.2.