§ 29-1-9-2 — Terms of agreement; execution; guardian ad litem

Indiana § 29-1-9-2

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 9: Adjudicated Compromise of Controversies

Text

(a) The terms of the compromise shall be set
forth in an agreement in writing which shall be executed by all
competent persons having interests or claims which will or may be
affected by the compromise, except those who may be living but whose
present existence or whereabouts is unknown and cannot after diligent
search be ascertained.
(b) Any interested person may then submit the agreement to the
court for its approval and for the purpose of directing the agreement's
execution by the personal representative of the estate, by the trustees
of every testamentary trust which will be affected by the compromise,
and by the guardians of the estates of minors, of incapacitated persons,
of unborn and unascertained persons, and of persons whose present
existence or whereabouts is unknown and cannot after diligent search
be ascertained, who might be affected by the compromise.
(c) IC 29-1-1-20 applies if there is any person who, if living, has an
interest which may be affected by the compromise, but whose present
existence or whereabouts cannot after diligent search be ascertained,
or who is a minor or incapacitated and has no guardian of the estate, or
if there is any future contingent interest which might be taken by any
person not then in being and which might be affected by the
compromise.
Formerly: Acts 1953, c.112, s.902. As amended by P.L.33-1989,
SEC.38; P.L.118-1997, SEC.18.