Legal Question in Wills and Trusts in Indiana

Holding Estate Funds Frozen After Claim Period

Father passed away july,03.No will, 5 sons will share estate equally. 90 day claim period has passed.

Another claim came in after this time involving one of the sons and a child support dispute. That court has placed entire estate as ''frozen'', and case keeps coming up as ''continued''.

What rights do the other 4 sons have regarding their fair share of the estate? at least 2 of the sons are suffering severe hardships due to not being able to gain access to their shares.

How can anyone come in after the 90 claim period has passed and ''freeze'' the entire estate? Is there anything that can be done?


Asked on 5/17/04, 1:38 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Holding Estate Funds Frozen After Claim Period

You certainly need to talk to the atty for the estate. If the "claim" is merely a creditor question as to the heir who owes the money. His share is the only one that needs to be frozen pending proceedings supplemental. If the estate is supervised, someone needs to file a motion for distribution of the other 4/5. If unsupervised, then the personal representative and attorney should be told to move it along.

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Answered on 5/17/04, 6:39 pm


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