As used in this section, "incompetent person" means a person who is so mentally impaired, as a result of a mental or physical illness or disability, as a result of an intellectual disability, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, an incompetent person, or an insolvent person, may have a declaration of rights or legal relations in respect thereto in any of the following cases:
(A) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;
(B) To direct the executors, administrators, trustees, or other fiduciaries to do or abstain from doing any particular act in their fiduciary capacity;
(C) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
Amended by 131st General Assembly File No. TBD, HB 158, §1, eff. 10/12/2016.
Effective Date: 10-01-1953; 2007 HB53 08-07-2007