2020 Indiana Code
Title 29. Probate
Article 1. Probate Code
Chapter 13. Collection and Management of Assets
29-1-13-17. Action to Enforce a Written Demand or Instruction From a Personal Representative

Universal Citation: IN Code § 29-1-13-17 (2020)

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.

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