Ind. Code » Title 30
Indiana Code

Ind. Code § 30-4-8-5 (2026)

Qualified affidavits

✓ current as of May 2026
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     Sec. 5. (a) A qualified affidavit must be signed under the penalties of perjury, and state the following:

(1) That the transferor has full right, title, and authority to transfer the property to the legacy trust.

(2) That the transfer of the property to the legacy trust will not render the transferor insolvent.

(3) That the transferor does not intend to defraud a creditor by transferring the property to the legacy trust.

(4) That there are no pending or threatened court actions against the transferor other than the court actions identified by the transferor and attached to the qualified affidavit.

(5) That the transferor is not involved in any administrative proceedings other than the administrative proceedings identified by the transferor and attached to the qualified affidavit.

(6) That the transferor does not contemplate filing for relief under the federal bankruptcy code.

(7) That the property transferred to the legacy trust is not derived from unlawful activities.

     (b) Except as provided in subsection (c), a qualified affidavit must be signed by the transferor.

     (c) In the case of a disposition by a transferor who is a trustee, the qualified affidavit must be signed by the transferor who made the original disposition to the trustee. A qualified affidavit signed under this subsection must state the facts as of the time of the original disposition.

     (d) If a transferor is a married individual at the time a qualified affidavit is signed, the transferor shall provide a copy of the qualified affidavit to the transferor's spouse.

As added by P.L.221-2019, SEC.9.

 

Notes of Decisions
Cited in 2 cases, 1994–2009 · leading case: Trent v. Nat'l City Bank of Indiana, 918 N.E.2d 646 (Ind. Ct. App. 2009).
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Trent v. Nat'l City Bank of Indiana, 918 N.E.2d 646 (Ind. Ct. App. 2009). · cites it 4× “In sum, we have found that there are no facts in the record supporting Robert's allegation that the Bank exerted undue influence over Marie, that there are no facts in the record supporting Robert's allegation that the Bank breached any duties to him, and that there are no facts…”
Cohen v. Gainer Bank, N.A., 628 N.E.2d 1246 (Ind. Ct. App. 1994). · cites it 4× “whether Gainer failed to comply with Ind.Code § 30-4-8-5(a), which requires court authorization if the duty of a trustee in the exercise of any power conflicts with his interest as trustee of another trust, and therefore the court erred in granting Gainer's motion for summary…”
Ind. Code § 30-4-8-5(a): 2 cases
Trent v. Nat'l City Bank of Indiana, 918 N.E.2d 646 (Ind. Ct. App. 2009). “In sum, we have found that there are no facts in the record supporting Robert's allegation that the Bank exerted undue influence over Marie, that there are no facts in the record supporting Robert's allegation that the Bank breached any duties to him, and that there are no facts…”
Cohen v. Gainer Bank, N.A., 628 N.E.2d 1246 (Ind. Ct. App. 1994). “whether Gainer failed to comply with Ind.Code § 30-4-8-5(a), which requires court authorization if the duty of a trustee in the exercise of any power conflicts with his interest as trustee of another trust, and therefore the court erred in granting Gainer's motion for summary…”
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