Indiana § 30-4-8-2 Definitions

Indiana Statutes

§ 30-4-8-2 — Definitions

Indiana § 30-4-8-2

Art. 4TRUST CODE

Ch. 8Legacy Trusts

This text of Indiana § 30-4-8-2 (Definitions) 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 § 30-4-8-2 (2026).

Text

Unless the context requires otherwise, the following definitions apply throughout this chapter:

(1)"Claim" means a right to payment, regardless of whether the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, immature, disputed, undisputed, legal, equitable, secured, or unsecured.

(2)"Creditor" means a person who has a claim against the transferor.

(3)"Debt" means liability on a claim.

(4)"Disposition" means a transfer, conveyance, or assignment of property, including a change in the legal ownership of property that occurs when a trustee is substituted for another trustee or when at least one (1) trustee is added. The term also includes the exercise of a power that causes a transfer of property to a trustee. However, the term does not include the relea

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Unless the context requires otherwise, the
following definitions apply throughout this chapter:
(1) "Claim" means a right to payment, regardless of whether the
right is reduced to judgment, liquidated, unliquidated, fixed,
contingent, matured, immature, disputed, undisputed, legal,
equitable, secured, or unsecured.
(2) "Creditor" means a person who has a claim against the
transferor.
(3) "Debt" means liability on a claim.
(4) "Disposition" means a transfer, conveyance, or assignment of
property, including a change in the legal ownership of property
that occurs when a trustee is substituted for another trustee or
when at least one (1) trustee is added. The term also includes the
exercise of a power that causes a transfer of property to a trustee.
However, the term does not include the release or relinquishment
of an interest in property that, until the release or relinquishment,
was the subject of a qualified disposition.
(5) "Investment decision" means the retention, purchase, sale,
exchange, tender, or other transaction affecting the ownership of
or rights in an investment.
(6) "Legacy trust" means an irrevocable trust established under
section 3 of this chapter.
(7) "Lender" means a company or entity that extends credit,
including but not limited to a financial institution (as defined by
IC 28-1-1-3(1)), a company or entity that extends credit under IC 24-4.4 or IC 24-4.5, or the successors and assigns of the company
or entity.
(8) "Person" means an individual at least eighteen (18) years of
age, a corporation, a trust, a limited liability company, a limited
liability partnership, a partnership, a governmental entity, the
state, or a political subdivision of the state.
(9) "Property" means real property, personal property, or an
interest in real or personal property.
(10) "Qualified affidavit" means a sworn affidavit executed under
section 5 of this chapter.
(11) "Qualified disposition" means a disposition by a transferor to
a legacy trust.
(12) "Qualified trustee" means a person qualified to serve as the
trustee of a legacy trust under section 6 of this chapter.
(13) "Transferor" means a person who as:
(A) an owner of property;
(B) a holder of a power of appointment that authorizes the
holder to appoint in favor of the holder, the holder's creditors,
the holder's estate, or the creditors of the holder's estate; or
(C) a trustee;
directly or indirectly makes a disposition or causes a disposition
to be made.
(14) "Trust director" means a person given authority by the terms
of a legacy trust to direct, consent to, or disapprove actual or
proposed investment decisions, distribution decisions, or other
decisions related to property in a legacy trust.