Section 30-4-10-35 - Authorized fiduciary; notice of intent to exercise decanting power(a) Except as provided in subsection (c), an authorized fiduciary shall give notice in a record of the intended exercise of the decanting power not later than sixty (60) days before the exercise of the decanting power to: (1) each settlor of the first trust, if living or then in existence;(2) each qualified beneficiary of the first trust, including the designated representative, if any, or other representative under IC 30-4-6-10.5 of a qualified beneficiary who: (A) is a minor or an incapacitated person;(D) cannot be located after a reasonably diligent search;(3) each holder of a presently exercisable power of appointment in the first trust;(4) each person that currently has the right to remove or replace the authorized fiduciary;(5) each fiduciary of the first trust;(6) each fiduciary of the second trust; and(7) the attorney general, if section 44(c) of this chapter applies.(b) A notice period under subsection (a) begins on the day that the notice is given and ends fifty-nine (59) days later.(c) An authorized fiduciary is not required to give notice under subsection (a) to a person that: (1) is not known to the fiduciary;(2) is known to the fiduciary but cannot be located by the fiduciary after a reasonably diligent search; or(3) has no representative under IC 30-4-6-10.5.(d) The decanting power may be exercised before expiration of the notice period under subsection (a) if all persons entitled to receive notice waive the notice period in a signed record.Added by P.L. 161-2022,SEC. 3, eff. 7/1/2022.