Indiana § 30-2-8.6-36 Claim against custodial trustee's claim barred against other parties

Indiana Statutes

§ 30-2-8.6-36 — Claim against custodial trustee's claim barred against other parties

Indiana § 30-2-8.6-36

Art. 2GENERAL PROVISIONS

Ch. 8.6Uniform Custodial Trust Act

This text of Indiana § 30-2-8.6-36 (Claim against custodial trustee's claim barred against other parties) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 30-2-8.6-36 (2026).

Text

(a)Except as provided in subsection (c), and unless previously barred by adjudication, consent, or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered, or the legal representative of an incapacitated or deceased beneficiary or payee:

(1)who has received a final account or statement fully disclosing the matter, unless an action or proceeding to assert the claim is commenced not later than two (2) years after receipt of the final account or statement; or

(2)who has not received a final account or statement fully disclosing the matter, unless an action or proceeding to assert the claim is commenced not later than three (3) years after the termination o

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(a) Except as provided in subsection (c),
and unless previously barred by adjudication, consent, or limitation, a
claim for relief against a custodial trustee for accounting or breach of
duty is barred as to a beneficiary, a person to whom custodial trust
property is to be paid or delivered, or the legal representative of an
incapacitated or deceased beneficiary or payee:
(1) who has received a final account or statement fully disclosing
the matter, unless an action or proceeding to assert the claim is
commenced not later than two (2) years after receipt of the final
account or statement; or
(2) who has not received a final account or statement fully
disclosing the matter, unless an action or proceeding to assert the
claim is commenced not later than three (3) years after the
termination of the custodial trust.
(b) Except as provided in subsection (c), a claim for relief to recover
from a custodial trustee for fraud, misrepresentation, or concealment
related to the final settlement of the custodial trust or concealment of
the existence of the custodial trust is barred unless an action or
proceeding to assert the claim is commenced not later than five (5)
years after the termination of the custodial trust.
(c) The limitations on a claim for relief are as follows:
(1) If the claimant is a minor, the claim is barred unless an action
or proceeding to assert the claim is commenced before the earlier
of the following:
(A) Two (2) years after the claimant becomes an adult.
(B) Two (2) years after the claimant dies.
(2) If the claimant is an incapacitated adult, the claim is barred
unless an action or proceeding to assert the claim is commenced
before the earliest of the following:
(A) Two (2) years after the appointment of a guardian for
claimant.
(B) Two (2) years after the removal of the incapacity.
(C) Two (2) years after the death of the claimant.
(3) If the claimant:
(A) was an adult;
(B) is deceased; and
(C) was not incapacitated;
the claim is barred unless an action or proceeding to assert the
claim is commenced not later than two (2) years after the
claimant's death.