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.
Structure Indiana Code
Chapter 13. Collection and Management of Assets
29-1-13-1. Possession of Property; Duties of Personal Representative
29-1-13-1.5. Access to Safe Deposit Box; Duties of Financial Institutions
29-1-13-2. Preserving Estate; Action to Prevent Loss
29-1-13-3. Actions; Trespass; Waste; Costs; Examine Party
29-1-13-4. Fraudulent Conveyances; Recovery
29-1-13-5. Compromise; Debtor or Obligor
29-1-13-6. Real Estate Interest as Personal Assets; Proceeds From Sale of Real Estate
29-1-13-7. Mortgages; Release and Discharge
29-1-13-8. Valueless Property; Abandonment
29-1-13-9. Embezzlement; Conversion
29-1-13-10. Petitions; Concealment; Embezzlement; Conversion; Adverse Interest; Attachment
29-1-13-11. Business of Decedent; Continuing
29-1-13-12. Conveyance or Lease After Death of Decedent
29-1-13-13. Contracts; Performance by Personal Representative
29-1-13-14. Investment of Funds
29-1-13-17. Action to Enforce a Written Demand or Instruction From a Personal Representative