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

Asked over 1 year ago - 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. Veronica L. Jarnagin

    Contributor Level 12

    5

    Lawyers agree

    Answered . 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... more
  2. James P. Frederick

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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. ******... more
  3. Stephen Scott Pearcy

    Contributor Level 12

    1

    Lawyer agrees

    Answered . 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... more

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