How Can Beneficiaries Challenge a Trustee Who Misuses Trust Funds in Indiana? | Indiana Estate Planning | FastCounsel
IN Indiana

How Can Beneficiaries Challenge a Trustee Who Misuses Trust Funds in Indiana?

Detailed Answer

Under Indiana law, a trustee owes beneficiaries a strict fiduciary duty to manage trust assets in their best interests. When a trustee misuses trust funds, beneficiaries can pursue several legal remedies.

1. Review the Trustee’s Duties

Indiana Code § 30-4-3-3 requires trustees to preserve trust property, keep accurate records, and provide beneficiaries with accountings. Misuse of funds—such as unauthorized withdrawals, self-dealing, or excessive fees—constitutes a breach of these duties.

2. Demand an Accounting

Beneficiaries may formally request an accounting of all transactions. If the trustee fails to comply, Indiana Code § 30-4-3-17 allows a beneficiary to petition the court to compel an accounting and production of records.

3. Petition the Court for Removal

If the trustee’s misconduct is serious, beneficiaries can file a petition in probate or circuit court under Indiana Code § 30-4-3-18 to remove the trustee for cause. Causes include breach of trust, conflict of interest, or failure to act impartially.

4. Seek Financial Remedies

Under Indiana Code § 30-4-3-9, beneficiaries can ask the court to surcharge (monetarily penalize) the trustee, order restitution of misapplied funds, and award costs and attorney fees. The court may also appoint a replacement trustee.

5. Observe the Statute of Limitations

Claims for breach of fiduciary duty in Indiana generally must be filed within two years per Indiana Code § 34-11-2-1. Acting promptly preserves your rights.

6. Consider Alternative Dispute Resolution

Before or during litigation, beneficiaries may explore mediation or arbitration to resolve disputes more quickly and less expensively.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.

Helpful Hints

  • Gather all trust documents and prior accountings before taking action.
  • Keep detailed records of any suspected misuse or communications with the trustee.
  • Consult a licensed probate attorney to understand your options.
  • Act quickly to avoid missing the statute of limitations.
  • Consider whether informal negotiation could resolve the issue without court.
  • Be prepared for potential court costs and time commitments if litigation is necessary.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.