Legal Question in Wills and Trusts in Indiana
How do we press for sale of real property?
Mother passed in 02/06. Bro is executor of Trust w/4 sibs as additional named beneficiaries. On distribution of insurance, expenses and fees were excessive and no detailed accounting was given - it took a letter to the Trust attorney to get any response at all. Now he (executor) has lived in the home rent free over 14 months and the rest of us want to sell before taxes etc. are due. None of us have a copy of the Trust document. How do we get a copy? Trust attorney says he represents only the executor and is uncooperative. We would also like to have expenses reviewed. Is 7.5% standard for exec. fees for a family member/beneficiary in Indiana? Are we entitled to a detailed accounting of (other) expenses? Two of the 4 sibs live out of state (myself included) and need some input from someone familiar with Indiana Statutes. Appreciate the help!
1 Answer from Attorneys
Re: How do we press for sale of real property?
First, I am going to to tell you to get an attorney. This kind of case is too complicated for e-mail and you need to talk to an attorney.
See, there is no executor for a trust. Executors are for a probate estate. Trusts are private documents unless they come into a probate estate. A probate estate is public. You can go to the county clerk's office and look at the file. When you say distribution, I think that the estate has been closed but that does not give with the rest of your facts. Just as you are not clear (to me) why insurance went through a probate estate.
Executor fees vary from county to county but 7.5 does not sound terribly out of whack.
Yes, an accounting must be filed with the court.
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