• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Ongoing probate for no obvious reason

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

sue1anne

Junior Member
What is the name of your state (only U.S. law)? Indiana

My father died in January leaving a small $50,000 estate to be divided among me, my cousin, and our three adult children. My cousin was named executor of the estate and we all agreed to make her unsupervised administrator in early February.

She filed the probate in March. I have two IOUs from my father that I filed a claim for with her, her attorney and the local courthouse where the probate is. After several queries about the status of the estate she claims she is waiting on a $250 *possible* VA payment for burial, and income from a *possible* source, which she won't mention. The burial and all debts have been paid in full. His stocks have been sold, bank accounts closed, etc... She claims she has paid her attorney over 15 hours already. I'm not sure for what since we've only received two letters, one with the will and one stating request for unsupervised administration.

I asked about the IOU claims and she stated there is a 90 day +15 wait for potential creditor claims. I know for a fact my father didn't borrow from anywhere but his own accounts (hence one of the IOUs where he borrowed on life insurance in which I'm the beneficiary). I wrote a few weeks ago with no reply, and the last time I heard from her was June 10th. It is now August and still nothing. The 90 day + 15 period ended July 4th. I figured I'd wait a little bit for her to obtain certified checks, postal mail time (I'm in Oregon), etc... I sent an email to her on July 30th with no reply.

None of us have received a list of assets as of yet. My father was living with her and when I went to see him just before he died she was claiming all his furniture and belongings in her home as her own, stating it was her's but just like what he had which I know is a lie. None of it is worth much but it does affect the value of his assets.

Should I get an attorney to write a letter or contact the local courthouse? Is she required to pay me separately from the estate inheritance or can she lump it together? I'm wondering about taxes, since I believe the IOUs are not taxable and the inheritance is, correct?

Thanks for any advice.
 
Last edited:


anteater

Senior Member
I would be inclined to cut her some slack on the distribution of the net estate, but jump all over her regarding your claims. I don't know if court will respond to a call about the status of claims, but, according to Indiana statute:
IC 29-1-14-10
Allowance; disallowance; expenses of administration
Sec. 10. (a) On or before three (3) months and fifteen (15) days after the date of the first published notice to creditors, the personal representative shall allow or disallow each claim filed within three (3) months after the date of the first published notice to creditors by making appropriate notations on the margin of the claim and allowance docket showing the action taken as to the claim. If a personal representative determines that the personal representative should not allow a claim in full, the claim shall be noted "disallowed". The clerk of the court shall give written notice to a creditor if a claim has been disallowed in full or in part. All claims that are disallowed, or are neither allowed nor disallowed within three (3) months and fifteen (15) days, shall be set for trial in the probate court upon the petition of either party to the claim. The personal representative shall make an appropriate notation of any compromise or adjustment on the margin of the claim and allowance docket. If the personal representative, after allowing a claim and before paying it, determines that the claim should not have been allowed, the personal representative shall change the notation on the claim and allowance docket from "allowed" to "disallowed" and give written notice to the creditor. If a claim has been paid in full or in part, the creditor shall:
(1) release the claim to the extent that the claim has been paid;

and
(2) give written notice to the clerk of the court of the release.
(b) Claims for expenses of administration may be allowed upon application of the claimant or of the personal representative, or may be allowed at any accounting, regardless of whether or not they have been paid by the personal representative.
None of us have received a list of assets as of yet. My father was living with her and when I went to see him just before he died she was claiming all his furniture and belongings in her home as her own, stating it was her's but just like what he had which I know is a lie. None of it is worth much but it does affect the value of his assets.
I don't see anything in the Indiana statutes that requires that a copy of the inventory be sent to the interested parties. But, when it comes time to close the estate, I would insist that it should be part of the accounting.

(Is it honestly worth worrying about the furniture and belongings if they are not worth much?)

Is she required to pay me separately from the estate inheritance or can she lump it together? I'm wondering about taxes, since I believe the IOUs are not taxable and the inheritance is, correct?
Required? Not certain. I guess one check with appropriate documentation that it consists of payment of a creditor claim and estate distribution would be OK. But, even if not required, it would be a heckuva lot easier if it were two checks. If I am reading the Indiana Inheritance Tax right, transfers to lineal descendants get a $100K exemption.
 

sue1anne

Junior Member
Thanks for the reply.

I only asked about the assets because the letter I received stated a list of assets would be provided. Most items were sentimental value to me, but I realize they are probably long gone.

I called the courthouse this morning and the clerk said nothing has been done by the executor on the probate or the claims since it was filed. What should my next step be? Would I benefit from just sending a certified letter? Would it be worth paying an attorney to send a letter requesting immediate payment of the claims? I don't know what a letter from an attorney would cost. I guess I don't know how to "jump all over her" to get something done.

Edit: I forgot to mention that I have an email from her from months ago stating she would honor the claims and that she knew it was my signature on the claims forms I'd mailed her. She also emailed me about the 90 days +15, so I would think those two emails would show she intended to approve the claims.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top