Indiana § 29-1-13-17 Action to enforce a written demand or instruction from a personal
representative

Indiana Statutes

§ 29-1-13-17 — Action to enforce a written demand or instruction from a personal representative

Indiana·Art. 1 PROBATE CODE·Ch. 13 Collection and Management of Assets

(a)If a person fails to comply with a personal representative's written demand or instruction that is consistent with this article regarding the property of the decedent, the personal representative may bring an enforcement proceeding to compel compliance with the written demand or instruction.

(b)A court may award attorney's fees and costs to the estate in an enforcement proceeding under subsection (a) if the person indebted to the decedent or holding property of the decedent, other than an insurer regulated under IC 27:

(1)acted in bad faith in failing to comply with the written demand or instruction; or

(2)refused to respond to the written demand or instruction within thirty (30) business days after receiving the demand or instruction, if the demand or instruction is consistent with

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(a) If a person fails to comply with a
personal representative's written demand or instruction that is
consistent with this article regarding the property of the decedent, the
personal representative may bring an enforcement proceeding to
compel compliance with the written demand or instruction.
(b) A court may award attorney's fees and costs to the estate in an
enforcement proceeding under subsection (a) if the person indebted to
the decedent or holding property of the decedent, other than an insurer
regulated under IC 27:
(1) acted in bad faith in failing to comply with the written demand
or instruction; or
(2) refused to respond to the written demand or instruction within
thirty (30) business days after receiving the demand or
instruction, if the demand or instruction is consistent with this
article.
(c) A court may, upon notice and hearing, award attorney's fees and
costs to an estate bringing an enforcement proceeding under subsection
(a) against an insurer regulated under IC 27 if:
(1) the insurer failed to respond pursuant to IC 27 after receiving
a written demand or instruction from the personal representative;
and
(2) the written demand or instruction is consistent with this
article.

Indiana § 29-1-13-17 (Action to enforce a written demand or instruction from a personal representative) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.