Legal Question in Wills and Trusts in Indiana

How to force a final distribution

My father died intestate. Our stepmother(fahter's wife) destroyed his will, hid his assets, filed tax and legal documents with bogus figures, and lied under oath. After signing a contract with us(judge signed as an agreed entry also), that she was required to leave the house in good condition and other items of personal property, she did neither. The judge said that she "essentially complied" so we got next to nothing and she got all of her agreement share(cash). We did not object to the final accounting because we just wanted the final distribution to happen. It has been over three months and still no distribution of cash to us. Can we still object because they are not promptly complying with a court order? Can we file a contempt of court order against her? Can we PERSONALLY sue her for damages to the property or theft of our personal property which she failed to give us?


Asked on 7/02/99, 2:05 pm

1 Answer from Attorneys
Stuart Williams

Re: How to force a final distribution

The executrix is personally liable to perform her duties faithfully for the benefit of the beneficiaries. If she paid for a bond from an insurance company, that company is secondarily liable as well.

If you're near Evansville, I'd like to refer you to a lawyer in this area of law; let me know at [email protected] where you live.

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Answered on 7/14/99, 3:19 pm


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