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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 40993
Experience:  30 years in civil, probate, real estate, elder law
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My late father's estate (I am the only beneficiary and the

Customer Question

Hi Pearl, my late father's estate (I am the only beneficiary and the executor) has been open since March of 2015. No claims have come up and it's been difficult to get the attorney hired for the proceedings to move toward closing the estate (August of 2016.) After asking for over a month to receive filings to close the estate, he has sent them to me. In the closing documents, it asks the court to allow 3 months from the letters of closing to close the estate, and if nothing comes up, it should be closed. It is correct to ask for another three months? The estate has already been open 17 months and everything has been addressed...if he adds an additional three months that will be nearly two years for a very simple estate. I'd like to know if this is correct to ask for the additional three months to close, and if his negligence warrants a complaint? He was paid all upfront in lump sum. This is in the state of Indiana.
JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: This is in Indiana. I'm unsure of your question- this doesn't involve a warrant.
JA: Have you talked to a lawyer yet?
Customer: I'm asking about how my lawyer is handling it, so yes.
JA: Anything else you think the lawyer should know?
Customer: No this is all.
Submitted: 11 months ago.
Category: Legal
Expert:  Ray replied 11 months ago.

Hi and welcome to JA. Ray here to help you today.

It would be normal here to allow for this time to verify there are no claims and also no objections to closure.I understand your frustration but this is within the time frames of the Indiana probate law to allow the time period, three months to then close and distribute funds to you as sole heir.

Reference

Sec. 1.  (a) Except as provided in IC 29-1-7-7, all claims against a decedent's estate, other than expenses of administration and claims of the United States, the state, or a subdivision of the state, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract or otherwise, shall be forever barred against the estate, the personal representative, the heirs, devisees, and legatees of the decedent, unless filed with the court in which such estate is being administered within:

(1) three (3) months after the date of the first published notice to creditors;  or

(2) three (3) months after the court has revoked probate of a will, in accordance with IC 29-1-7-21, if the claimant was named as a beneficiary in that revoked will;

whichever is later.

(b) No claim shall be allowed which was barred by any statute of limitations at the time of decedent's death.

(c) No claim shall be barred by the statute of limitations which was not barred at the time of the decedent's death, if the claim shall be filed within:

(1) three (3) months after the date of the first published notice to creditors;  or

(2) three (3) months after the court has revoked probate of a will, in accordance with IC 29-1-7-21, if the claimant was named as a beneficiary in that revoked will;

whichever is later.

(d) All claims barrable under subsection (a) shall be barred if not filed within nine (9) months after the death of the decedent.

(e) Nothing in this section shall affect or prevent any action or proceeding to enforce any mortgage, pledge, or other lien upon property of the estate.

(f) Nothing in this section shall affect or prevent the enforcement of a claim for injury to person or damage to property arising out of negligence against the estate of a deceased tort feasor within the period of the statute of limitations provided for the tort action.  A tort claim against the estate of the tort feasor may be opened or reopened and suit filed against the special representative of the estate within the period of the statute of limitations of the tort.  Any recovery against the tort feasor's estate shall not affect any interest in the assets of the estate unless the suit was filed within the time allowed for filing claims against the estate.  The rules of pleading and procedure in such cases shall be the same as apply in ordinary civil actions.

- See more at: http://codes.findlaw.com/in/title-29-probate/in-code-sect-29-1-14-1.html#sthash.HA9vktIx.dpuf

Expert:  Ray replied 11 months ago.

In a supervised administration, no property may be distributed or sold without court authority.[21] At the end of the administration of the estate, the personal representative files his or her final report, copies of estate checks, and accounting.[22] The final report contains the personal representative’s planned distribution. Interested parties may object to the proposed distribution or accounting, and a hearing will be heard on the final report unless consents from all heirs are filed. Notice of the final report must be provided to the interested parties at least fourteen (14) days prior to the due date for objections.[23]

When the court approves the final report, the personal representative distributes property as ordered, pays the attorney’s fees and carries out the other actions ordered by the court in the final order. Then, the personal representative files a supplemental report with the court which indicates that no further action is needed. The court issues its order on the supplemental report and discharges the personal representative from his or her obligations.[24]

Expert:  Ray replied 11 months ago.

This is a reasonable amount of time to file all and resolve this.I know it is frustrating but you are moving along here.You should see money within 90 days that you are due as sole heir.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 11 months ago.

Let me know if you have follow up, it is not a problem.Thanks again.