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

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

Sec. 17. (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.

As added by P.L.51-2014, SEC.5.

IC 29-1-14Chapter 14. Claims Against the Estate

29-1-14-0.1Application of certain amendments to chapter 29-1-14-1Limitations; filing; claims barred or not; liens; tort claims 29-1-14-2Actions; definite statement; personal representative actions; deductions from claims 29-1-14-3Future claims; payment; bonds 29-1-14-4Actions; joint contracts and judgment 29-1-14-5Joint contracts and judgments deemed joint and several 29-1-14-6Secured claims, allowance, and payment 29-1-14-7Contingent claims; payment; bond of distributee 29-1-14-8Contingent claims; liability of distributees; contribution 29-1-14-9Classification of claims; preferences 29-1-14-10Allowance; disallowance; expenses of administration 29-1-14-11Inquiry into correctness; liability on bond 29-1-14-12Trial; pleading; dismissal 29-1-14-13Trial of claims; judgment; set-off or counterclaim 29-1-14-14Petitions; defend claims; objections to payment 29-1-14-15Execution; final process; payment; mortgages, pledges, or liens; enforcement 29-1-14-16Liens and mortgages, enforcement; sale of real estate; exception 29-1-14-17Personal representative claims 29-1-14-18Compromise of claims 29-1-14-19Payment of claims; bond or security of creditor; report of insolvency 29-1-14-20Mortgage; pledge; lien; payment; renewal; extension 29-1-14-21Adverse claims; notice; trial