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What happens in the state of Indiana when a petition is filed for removal of representative of an estate?

Bedford, IN |

Can they still sell or auction property or should all actions as representative of the an estate cease? As well should the representative of estates (who is an heir) own personal attorney fees come out of the whole estate or just their behalf?

Attorney Answers 3


  1. Until removed, a PR should still be able to act. On the other hand, knowing there is going to be a contested situation, added caution would be called for, and I would probably seek approval form the court. Attorney fees come off the top of the (whole) estate.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  2. Indiana law allows the court-appointed PR to continue to serve, albeit with some practical restrictions, such as not making disproportionate distributions, and administer the estate while an action to remove is pending. In fact, they have the duty to do so to protect the estate assets/income.
    The legal fees of a PR are payable out of the assets of the Estate as costs of administration; HOWEVER, to the extent the PR has clearly abused her or his charge and acted solely on her or his own behalf, then courts have set aside some or all attorneys' fees.
    Any named beneficiary or other "interested person" really ought to have her or his own interests SEPARATELY represented by legal counsel to ensure that YOUR interests are being preserved. I will be happy to represent you in this regard. In any case, good luck!
    veRONIcajarnagin, atty, pc
    317-253-7664

    veRONIca jarnagin, atty, pc 317-253-7664 provides this response as general guidance and not specific legal advice. If you wish to receive specific legal advice for your situation, please call to schedule an appointment.


  3. Attorney Jarnagin is correct, and she's apparently in your area, so I recommend contacting her.

    If this information has been helpful, please indicate below. Stephen Pearcy is licensed to practice law in California. The response herein is not legal advice and does not create an attorney-client relationship. The response is for legal education and is intended to provide general information about the matter within the question.