Indiana Code
Ind. Code § 30-4-3-15 (2026)
Remedies of trustee against third persons
✓ current as of May 2026
Sec. 15. (Remedies of the Trustee against Third Persons)
The trustee may maintain in his representative capacity a civil action for any legal or equitable remedy against a third person that he could maintain in his own right if he were the owner.
Formerly: Acts 1971, P.L.416, SEC.4.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1982–2026 · leading case: Kesling v. Kesling, 967 N.E.2d 66 (Ind. Ct. App. 2012).
Kesling v. Kesling, 967 N.E.2d 66 (Ind. Ct. App. 2012). “'" Appellant's Brief at 21 (citing Ind.Code § 30-4-3-15). Andrew argues that "the primary indicia of ownership are title, possession, and control," and that because "as grantor, Andrew reserved the power to amend, modify or revoke the Trust Declaration and [ ] remove the Trustee…”
Walter E. Lunsford v. Deutsche Bank Trust Co. Americas as Tr., 996 N.E.2d 815 (Ind. Ct. App. 2013). “”); see also Ind.Code § 30-4-3-15 (providing that the “trustee may maintain in his representative capacity a civil action for any legal or equitable remedy against a third person that he could maintain in his own right if he were the owner”).”
Display Fixtures Co., Etc. v. Rl Hatcher, Inc., 438 N.E.2d 26 (Ind. Ct. App. 1982). “Ind.Code 30-4-3-15 provides: “The trustee may maintain his representative capacity a civil action for any legal or equitable remedy against a third person that he could maintain in his own right if he were the owner.”
Iannetta v. Edwardson, 949 N.E.2d 851 (Ind. Ct. App. 2011). “See Ind.Code §§ 30-4-3-15 (remedies of trustee against third persons); 30-4-3-16 (remedies among co-trustees); 30-4-3-17 (remedies of trustee against beneficiary); 30-4-3-18 (other remedies of the trustee); 30 — 4—3—21 (remedies of beneficiary against third persons); 30-4-3-22…”
Lake Cnty. Trust Co., as Tr. for Lake Cnty. Trust 5434 v. United Consumers Club, Inc. (Ind. Ct. App. 2012). “, Ind. Code § 30-4-3-15 (“The trustee may maintain in his representative capacity a civil action for any legal or equitable remedy against a third person that he could maintain in his own right if he were the owner.”
Andrew C. Kesling, individually & as Tr. of the Andrew C. Kesling Trust v. Peter C. Kesling (Ind. Ct. App. 2012). “’” Appellant’s Brief at 21 (citing Ind. Code § 30-4-3-15 ). Andrew argues that “the primary trust, whether its purpose is donative or commercial, arises from private action without the involvement of a public official.”
Catania (N.D. Ind. 2026). “That argument was unsupported, and Defendants support this new argument by maintaining that § 30-4-3-15 allows only a trustee to bring claims in the name of the trust.”
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