§ 29-1-1-20 — Incapacitated persons; unknown persons; guardians

Indiana § 29-1-1-20

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 1: General Provisions

Text

(a) In a proceeding involving estates of
decedents or trusts, or in judicially supervised settlements, persons are
bound by orders binding others in the following cases:
(1) Orders binding the sole holder or all co-holders of a power of
revocation or a presently exercisable general power of
appointment, including one in the form of a power of amendment,
bind other persons to the extent their interests (as objects, takers
in default, or otherwise) are subject to the power.
(2) Orders binding a trustee bind beneficiaries of the trust in
proceedings:
(A) to probate a will establishing or adding to a trust;
(B) to review the acts or accounts of a prior fiduciary; and
(C) involving creditors or other third parties.
(3) Orders binding a personal representative bind persons
interested in the undistributed assets of a decedent’s estate in
actions or proceedings by or against the estate. If there is no
conflict of interest and no guardian of the estate or person has
been appointed, a parent may represent the parent's minor child.
(4) An interested person:
(A) who is incapacitated;
(B) whose present name, existence, or residence upon diligent
inquiry is unknown and cannot be ascertained; or
(C) who is not otherwise represented;
is bound by an order to the extent the person's interest is
adequately represented by another party having a substantially
identical interest in the proceeding.
(b) At any point in a proceeding, a court may appoint a guardian ad
litem to represent the interest of a minor, an incapacitated, unborn, or
unascertained person, or a person whose identity or address is
unknown, if the court determines that representation of the interest
otherwise would be inadequate. If not precluded by conflict of interests,
a guardian ad litem may be appointed to represent several persons or
interests. The court shall set out its reasons for appointing a guardian
ad litem as a part of the record of the proceeding. Any guardian of the
person or estate of the person having an interest may be appointed as
a guardian ad litem.
(c) The compensation of a guardian or guardian ad litem and the
guardian's expenses including attorney's fees for services rendered in
any proceeding under this article may be allowed in such amount and
ordered paid either out of the entire estate involved as an expense of
administration, or out of the protected person's interest therein as the
court in its discretion shall determine.
(d) Any adjudication involving the interests of persons considered
represented under this section shall be lawful and binding upon all
interested persons, whether born or unborn, whether notified or not
notified, and whether represented or not, if the interested persons are
of the same class or have interests similar to the predominant interests
of any person notified or represented.
Formerly: Acts 1953, c.112, s.120. As amended by Acts 1982,
P.L.171, SEC.9; P.L.33-1989, SEC.33; P.L.118-1997, SEC.9.