Ind. Code » Title 30
Indiana Code

Ind. Code § 30-4-2-13 (2026)

Application of statute of uses

✓ current as of May 2026
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     Sec. 13. (Application of Statute of Uses)

     If the trust property includes real property, and, under the terms of the trust,

     (a) The beneficiary has the power to manage the trust property, including the power to direct the trustee to sell the property; and

     (b) The trustee may sell the trust property only on direction by the beneficiary or other person or may sell it after a period of time stipulated in the terms of the trust in the absence of a direction:

then 30-4-2-9 shall not apply to defeat the trustee's title.

Formerly: Acts 1971, P.L.416, SEC.3. As amended by Acts 1979, P.L.268, SEC.8.

 

Notes of Decisions
Cited in 4 cases, 1983–1992 · leading case: Albion Prod. Credit Ass'n v. Langley (In Re Langley), 30 B.R. 595 (Bankr. N.D. Ind. 1983).
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Albion Prod. Credit Ass'n v. Langley (In Re Langley), 30 B.R. 595 (Bankr. N.D. Ind. 1983). · cites it 2× “, Indiana Code Section 30-4-2-13 and the Study Commission Comment; Indiana Land Practice at *599 1-6 (Indiana Continuing Legal Education Forum 1977).”
Drewry v. Metro. Life Ins. (In Re Drewry), 99 B.R. 906 (Bankr. N.D. Ind. 1989). · cites it 4× “Land trusts, which Indiana law recognizes as valid, are those trusts consisting solely of real property in which the beneficiary retains the power to manage, as well as the power to direct the trustee to sell, the trust property.”
In the Matter of Charles B. DREWRY & Julie M. Drewry, Debtors-Appellants, 966 F.2d 236 (7th Cir. 1992). “Ind.Code § 30-4-2-13. Although there seems to be no Indiana law directly on point, there is some helpful Illinois guidance on the issue, and land trusts originated in Illinois.”
Est. of Sawyer v. Comm'r, 55 T.C.M. 492 (Tax Ct. 1988). “All section references are to the Internal Revenue Code as amended and in effect at the date of decedent's death.”
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