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:

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Terms Used In Indiana Code 29-1-13-17

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Decedent: A deceased person.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(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.

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