§ 29-3-3-8 — Tenant's representative; administration

Indiana § 29-3-3-8

• Jurisdiction: Indiana
• Art. 3: GUARDIANSHIPS AND PROTECTIVE
• Ch. 3: Proceedings in Lieu of Guardianships

Text

(a) A tenant's representative who accepts
appointment under IC 32-31-1-23 may represent the tenant for the
following purposes:
(1) Collecting all or part of the tenant's security deposit from the
tenant's landlord.
(2) Collecting the tenant's tangible personal property from the
tenant's residence.
(3) Distributing among the tenant's distributees any portion of the
tenant's security deposit that the tenant's representative has
collected from the tenant's landlord.
(4) Distributing among the tenant's distributees any portion of the
tenant's tangible personal property that the tenant's representative
has collected from the tenant's residence.
(5) Signing and issuing on behalf of the tenant's distributees any
affidavit described in IC 29-1-8 that the tenant's landlord may
require before releasing the tenant's security deposit or tangible
personal property to the tenant's representative.
(b) Upon presentation of letters testamentary or letters of
administration by the personal representative of the tenant's estate to
the tenant's representative, the tenant's representative will deliver to the
personal representative any portion of the tenant's tangible personal
property that the tenant's representative has collected from the tenant's
landlord.
(c) The tenant's representative shall keep complete records of all
transactions entered into by the tenant's representative on behalf of the
tenant for:
(1) nine (9) months after the tenant's death date; or
(2) three (3) months after the records are delivered to the tenant's
personal representative;
whichever occurs first.
(d) Except as otherwise required by subsection (e), the tenant's
representative is not required to render an accounting.
(e) Except as provided in subsection (h), the tenant's representative
shall render a written accounting if an accounting is:
(1) ordered by a court; or
(2) demanded by:
(A) a child of the tenant;
(B) the personal representative of the tenant's estate; or
(C) an heir or legatee of the tenant.
(f) Except as provided in subsection (h), a tenant's representative
shall deliver an accounting required under subsection (e) to:
(1) the court;
(2) the personal representative of the tenant's estate;
(3) an heir of the tenant;
(4) a legatee of the tenant; or
(5) a child of the tenant.
(g) Except as provided in subsection (h), a tenant's representative
shall deliver an accounting ordered or demanded under subsection (e)
to the court or the person demanding the accounting not later than sixty
(60) days after the date the tenant's representative receives the court
order or written demand for an accounting.
(h) The court may order an accounting under subsection (e) at any
time. In the absence of a court ordered accounting, a tenant's
representative is not required to deliver an accounting to a person
described in subsection (f)(1) through (f)(4) unless the person demands
the accounting not later than nine (9) months after the date of the
tenant's death. The delivery deadline set forth in subsection (g) applies
to a written demand for an accounting that is timely submitted under
this subsection.
(i) Not more than one (1) accounting is required under this section
in each twelve (12) month period unless the court, in its discretion,
orders additional accountings.
(j) If a tenant's representative fails to deliver an accounting as
required under this section, the court or the person demanding the
accounting may initiate an action in mandamus to compel the tenant's
representative to render the accounting. The court may award the
attorney's fees and court costs incurred under this subsection to the
person demanding the accounting if the court finds that the tenant's
representative failed to render an accounting as required under this
section without just cause.
(k) A tenant's representative is entitled to judicial review and
settlement of an account of all transactions entered into by the tenant's
representative, regardless of whether:
(1) the tenant's representative's authority has been revoked; or
(2) a demand for an accounting is made under subsection (e).
(l) Judicial review and settlement of an account is initiated upon the
filing of a petition to settle and allow an account. The petition must be
filed with the court exercising probate jurisdiction for the county in
which the tenant resided. Except as otherwise provided by this section,
the procedures in IC 30-4-5-14(b), IC 30-4-5-14(c), IC 30-4-5-14(d),
and IC 30-4-5-15 that are applicable to judicial settlement of a trustee's
account govern:
(1) the filing of objections; and
(2) all proceedings;
on the petition.
(m) A petition to settle and allow an account must be served upon
all the following that are applicable:
(1) The tenant's personal representative.
(2) Any person beneficially interested in the decedent's estate.
(3) The tenant's heirs at law.
(4) If the tenant's will is probated without administration:
(A) the personal representative named in the probated will; and
(B) all persons or entities beneficially interested in the probated
will.
(5) Any other person that the court directs.
(n) A tenant's representative is discharged from liability as to the
transactions disclosed in the accounting if:
(1) the court reviews and approves the accounting; and
(2) notice of the court's approval of the accounting is provided to
the persons identified in subsection (m).
(o) In the absence of fraud, misrepresentation, inadequate
disclosure, or failure to provide proper notice related to the power of
attorney transactions, the discharge from liability under subsection (n)
is lawful and binding upon all interested persons:
(1) who would assert an interest on behalf of or through the
tenant; and
(2) who are:
(A) born or unborn;
(B) notified or not notified; or
(C) represented or not represented.
(p) The filing fee for a petition to settle and allow an account filed
under this section is a legitimate expense of the tenant's estate.

Legislative History

As added by P.L.184-2021, SEC.7.