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Indiana Probate


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#1 CuriousMindofMine

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Posted 19 August 2010 - 08:34 AM

1) Is there a statue of limitations for probate in the state of Indiana?


2) What is the ramification if the executor of the state goes "MIA" and does not fulfill the duties by settling the estate in a timely manner?


3) Is there a way that the executor can be overturned/replaced by someone else? 


4) Supposedly a will was in place by the now deceased, but the family has no idea as to where to begin looking for this.  Any suggestions?


Thanks to all who may respond and offer any other additional Indiana probate info that you think would be helpful! 



#2 Fallen

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Posted 19 August 2010 - 08:45 AM

Kinda hard to remove somone nominated as executor if the will has never even been filed for probate and a probate case opened.  Obviously, any heir is free to file intestacy/died without will paperwork and ask to be appointed administrator, and that should flush out any will nominating someone else (or any will that has a distribution contrary to intestacy succession in terms of getting more than someone else).


http://www.in.gov/le...c/code/title29/


I don't know of any general "statute of limitations" on a probate case, but any heir who wants to go after something improperly distributed evidently needs to do it within three years of death.


http://www.in.gov/le.../ar1/ch7.5.html

Best to get off the internet and seek local estate-probate counsel.


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





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