reglab/housing_qa huggingface dataset:
IN Code § 29-1-17-10 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 17. Distribution and Discharge|29-1-17-10. Distribution in Kind; Partition Sale; Election of Distributee; Annuity; Good Faith Purchasers or Lenders

Sec. 10. (a) When the estate is otherwise ready to be distributed, it shall be distributed in kind to whatever extent it is practicable, unless the terms of the will otherwise provide or unless a partition sale is ordered. Except as provided in subsection (b) of this section, any general legatee may elect to take the value of his legacy in kind, and any distributee, who by the terms of the will is to receive land or any other thing to be purchased by the personal representative, may, if he notifies the personal representative before the thing is purchased, elect to take the purchase price or property of the estate which the personal representative would otherwise sell to obtain such purchase price. Values for the purposes of such distributions in kind shall be determined at a time not more than ten (10) days prior to the filing of the petition for distribution, and if necessary to avoid substantial inequities may be redetermined at any time prior to the order of distribution.(b) If the terms of the will direct the purchase of an annuity, the person to whom the income thereof shall be directed to be paid shall not have the right to elect to take the capital sum directed to be used for such purchase in lieu of such annuity except to the extent that the will expressly provides that an assignable annuity be purchased. Nothing herein contained shall affect the rights of election by a surviving spouse against a testamentary provision as provided in this article.(c) If property distributed in kind or a security interest therein is acquired in good faith for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution or release from the personal representative, or is so acquired in good faith by a purchaser from or lender to a transferee of the distributee, the purchaser or lender takes title free of any right of an interested person in the estate and incurs no personal liability to the estate, or to any interested person, whether or not the distribution was proper or supported by court order or the authority of the personal representative was terminated before execution of the instrument or deed. This subsection protects a purchaser from or lender to a distributee who, as personal representative, has executed a deed of distribution to himself, and a purchaser from or lender to any other distributee or his transferee. To be protected under this subsection, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated before the distribution.Formerly: Acts 1953, c.112, s.1710. As amended by Acts 1977, P.L.297, SEC.4.
IN Code § 29-1-17-11 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 17. Distribution and Discharge|29-1-17-11. Undivided Interests; Distribution, Partition

Sec. 11. (a) When two (2) or more distributees are entitled to distribution of an undivided interest in any real or personal property of the estate, distribution shall be made of undivided interests in the property unless the personal representative or one (1) or more of the distributees petition the court for partition not later than the hearing on the petition for final distribution. If a petition is filed, the court, after notice is given to all interested persons as the court directs, shall proceed in accordance with IC 32-17-4-2.5. With respect to personal property, the person who files for partition shall conduct a title search with the bureau of motor vehicles (if the personal property is titled) or a search for liens under the Uniform Commercial Code (if the personal property is not titled). The person shall file a copy of the results of the search with the court.(b) If a distribution of particular assets of a decedent is to be made to two (2) or more distributees that are entitled to receive fractional shares in the assets, the decedent's personal representative may, under an agreement among the distributees, distribute the particular assets without distributing to each distributee a pro rata share of each asset. However, the personal representative shall:(1) distribute to each distributee a pro rata share of the total fair market value of all the particular assets as of the date of distribution; and(2) divide the assets in a manner that results in a fair and equitable division among the distributees of any capital gain or loss on the assets.Formerly: Acts 1953, c.112, s.1711. As amended by P.L.265-1989, SEC.1; P.L.41-2012, SEC.1.
IN Code § 29-1-17-12 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 17. Distribution and Discharge|29-1-17-12. Unclaimed Estate Assets; Disposition Procedures; Escheat; Time Limit; Exceptions

Sec. 12. (a) If after reasonable search, satisfactory to the court, there shall be no known heir of the decedent, all of the decedent's net estate not disposed of by will shall be ordered paid to the state treasurer to become a part of the common school fund, subject to the further provisions of this section.(b) If any heir, distributee, advisee, or claimant cannot be found after reasonable search, satisfactory to the court, the personal representative shall sell the share of the estate to which the heir, distributee, advisee, or claimant is entitled, pursuant to an order of court first obtained, and pay the proceeds to the clerk of the court for use and benefit of the person or persons thereafter determined to be entitled thereto according to law.(c) When the personal representative shall pay any money to the state treasurer or clerk of the court pursuant to this section, the personal representative shall take a receipt therefor and file it with the court with the other receipts filed in the proceeding. Such receipt shall be sufficient to discharge the personal representative in the same manner and to the same extent as though such distribution or payment were made to a distributee or claimant entitled thereto.(d) The moneys received by the state treasurer pursuant to the provisions of this section shall be paid to the person entitled on proof of the person's right thereto or in the case of an absentee, to the receiver of such absentee's property, or, if the state treasurer refuses or fails to pay because the state treasurer is doubtful as to the state treasurer's duties in the premises, such person may apply to the court in which the estate was administered, whereupon the court upon notice to the state treasurer may determine the person entitled thereto and order the treasurer to pay the same accordingly. No interest shall be allowed thereon and such distributee or claimant shall pay all costs and expenses incident to the proceedings. If such proceeds are not paid or no application is made to the court within seven (7) years after such payment to the state treasurer, no recovery thereof shall be had.(e) This section does not apply to stocks, dividends, capital credits, patronage refunds, utility deposits, membership fees, account balances, or book equities for which the owner cannot be found and that are the result of distributable savings of a rural electric membership corporation formed under IC 8-1-13, a rural communications cooperative corporation formed under IC 8-1-17, or an agricultural cooperative association formed under IC 15-12-1.Formerly: Acts 1953, c.112, s.1712. As amended by Acts 1981, P.L.106, SEC.4; P.L.2-2008, SEC.69; P.L.81-2020, SEC.16.
IN Code § 29-1-17-13 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 17. Distribution and Discharge|29-1-17-13. Supplemental Reports; Discharge; Limitation of Actions

Sec. 13. Upon the filing of a supplemental report of distribution together with receipts or other evidence satisfactory to the court that distribution has been made as ordered in the final decree, the court shall enter an order of discharge. The discharge so obtained shall operate as a release from the duties of personal representative and shall operate as a bar to any suit including suits by persons under disability, against the personal representative and his sureties except suits which are commenced within one (1) year from the date of the discharge and are based solely upon alleged mistake, fraud or wilful misconduct on the part of the personal representative.Formerly: Acts 1953, c.112, s.1713.
IN Code § 29-1-17-14 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 17. Distribution and Discharge|29-1-17-14. Petition to Reopen Estate; Distribution of Assets Not Fully Administered in Lieu of Reopening the Estate

Sec. 14. (a) If, after an estate has been settled and the personal representative discharged, other property of the estate shall be discovered, or if it shall appear that any necessary act remains unperformed on the part of the personal representative, or for any other proper cause, the court, upon the petition of the discharged personal representative or any person interested in the estate and, without notice or upon such notice as it may direct, may order that said estate be reopened. It may reappoint the personal representative or appoint another personal representative to administer such property or perform such act as may be deemed necessary. Unless the court shall otherwise order, the provisions of this article as to an original administration shall apply to the proceedings had in the reopened administration so far as may be, but no claim which is already barred can be asserted in the reopened administration.(b) Whenever any solvent estate has been closed, and it thereafter appears that any assets thereof have not been fully administered upon, the court may, if it appears practicable, order such assets distributed to, or title vested in, the persons entitled thereto in lieu of reopening the estate as provided in the preceding subsection. No additional notice of such proceedings shall be necessary unless so ordered by the court.Formerly: Acts 1953, c.112, s.1714. As amended by Acts 1982, P.L.171, SEC.49; P.L.254-1997(ss), SEC.29; P.L.79-2017, SEC.72.
IN Code § 29-1-17-15.1 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 17. Distribution and Discharge|29-1-17-15.1. Petition to Determine Heirs of Estate; Contents; Notice; Hearing; Decree

Sec. 15.1. (a) Whenever any person has died leaving property or any interest in property and no general administration has been commenced on the person's estate in this state, nor has any will been offered for probate in this state, within five (5) months after the person's death, any person claiming an interest in such property as heir or through an heir may file a petition in any court which would be of proper venue for the administration of such decedent's estate, to determine the heirs of said decedent and their respective interests as heirs in the estate.(b) The petition shall state:(1) The name, age, domicile and date of death of the decedent;(2) The names, ages and residence addresses of the heirs, so far as known or can with reasonable diligence be ascertained;(3) The names and residence addresses of any persons claiming any interest in such property through an heir, so far as known or can by reasonable diligence be ascertained;(4) A particular description of the property with respect to which such determination is sought;(5) The net value of the estate.(c) Upon the filing of the petition, the court shall fix the time for the hearing, thereof, notice of which shall be given to:(1) All persons known or believed to claim any interest in the property as heir or through an heir of the decedent;(2) All persons who may at the date of the filing of the petition be shown by the records of conveyances of the county in which any real property described in such petition is located to claim any interest therein through the heirs of the decedent; and(3) Any unknown heirs of the decedent.Such notice shall be given by publication and, in addition personal notice by registered mail shall be given to every such person whose address is known to the petitioner. Upon satisfactory proofs the court shall make a decree determining the heirs of said decedent and their respective interests as heirs in said property.(d) A certified copy of the decree shall be recorded at the expense of the petitioner in each county in which any real property described in the decree is situated except the county in which the decree is entered, and shall be conclusive evidence of the facts determined in the decree as against all parties to the proceedings.Formerly: Acts 1973, P.L.289, SEC.2; Acts 1975, P.L.288, SEC.37. As amended by P.L.79-2017, SEC.73; P.L.136-2018, SEC.218.
IN Code § 29-1-17-16 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 17. Distribution and Discharge|29-1-17-16. Rules of Equity; Relief Not Limited

Sec. 16. The limitations provided for in IC 29-1-1-21 and section 13 of this chapter shall not deprive any interested person of the relief now afforded him under the rules of equity.Formerly: Acts 1953, c.112, s.1716. As amended by Acts 1982, P.L.171, SEC.50.
IN Code § 29-1-19-1 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 19. Department of Veterans Affairs|29-1-19-1. Definitions

Sec. 1. As used in this chapter:"Person" means an individual, a partnership, a limited liability company, a corporation, or an association."Department" refers to the United States Department of Veterans Affairs."Income" means money received from the Department and revenue or profit from any property wholly or partially acquired therewith."Estate" means income on hand and assets acquired partially or wholly with "income"."Benefits" means all money paid or payable by the United States through the department."Protected person" means a beneficiary of the department."Guardian" means any fiduciary for the person or estate of a protected person or a person designated by a protective order issued under IC 29-3 to act on behalf of a protected person."Secretary" refers to the secretary of the department.Formerly: Acts 1953, c.112, s.2001. As amended by Acts 1982, P.L.171, SEC.63; P.L.33-1989, SEC.41; P.L.1-1990, SEC.267; P.L.8-1993, SEC.460.
IN Code § 29-1-19-2 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 19. Department of Veterans Affairs|29-1-19-2. Party in Interest; Notice of Hearing

Sec. 2. The Secretary shall be a party in interest in any proceeding:(1) for the appointment or removal of a guardian;(2) for the recognition that an individual is no longer a minor or an incapacitated person (as defined in IC 29-3-1-7.5); and(3) affecting in any manner the administration by the guardian of the estate of any present or former protected person whose estate includes assets derived in whole or in part from benefits paid at any time by the Department.Not less than fifteen (15) days before the hearing on the matter, notice in writing of the time and place of the hearing shall be given by mail (unless waived in writing) to the office of the Department having jurisdiction over the area in which the suit or proceeding is pending.Formerly: Acts 1953, c.112, s.2002. As amended by P.L.33-1989, SEC.42.
IN Code § 29-1-19-3 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 19. Department of Veterans Affairs|29-1-19-3. Appointment of Guardian

Sec. 3. Whenever, pursuant to any law of the United States or regulation of the department, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner provided in this chapter.Formerly: Acts 1953, c.112, s.2003. As amended by P.L.1-1990, SEC.268.
IN Code § 29-1-19-5 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 19. Department of Veterans Affairs|29-1-19-5. Petition for Appointment

Sec. 5. (a) A petition for the appointment of a guardian may be filed by any relative or friend of the incapacitated person or minor or by any person who is authorized by law to file such a petition. If there is no person authorized to file or if the person authorized to file refuses or fails to file a petition within thirty (30) days after mailing of notice by the Department to the last known address of the person, if any, indicating the necessity for the filing of a petition, a petition for appointment may be filed by any resident of Indiana.(b) The petition for appointment shall set forth the name, age, place of residence of the protected person, the name and place of residence of the nearest relative, if known, and the fact that the protected person is entitled to receive benefits payable by or through the Department and shall set forth the amount of money then due and the amount of probable future payments.(c) The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the protected person and the name, age, relationship, if any, occupation, and address of the proposed guardian, and, if the nominee is a natural person, the number of protected persons for whom the nominee is presently acting as guardian. Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian, if the court determines it is for the best interest of the protected person.(d) In the case of an incapacitated person the petition shall show that the person has been rated incapacitated by the Department on examination in accordance with the laws and regulations governing the Department.Formerly: Acts 1953, c.112, s.2005. As amended by P.L.33-1989, SEC.43.
IN Code § 29-1-19-6 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 19. Department of Veterans Affairs|29-1-19-6. Appointment of Guardian; Condition Precedent to Payment of Veterans' Benefits; Minor Ward

Sec. 6. Where a petition is filed for the appointment of a guardian for a minor, a certificate of the secretary or the secretary's authorized representative, setting forth the age of such minor as shown by the records of the department and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the department shall be prima facie evidence of the necessity for such appointment.Formerly: Acts 1953, c.112, s.2006. As amended by P.L.1-1990, SEC.269.
IN Code § 29-1-19-7 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 19. Department of Veterans Affairs|29-1-19-7. Appointment of Guardian; Condition Precedent to Payment of Veterans' Benefits; Incapacitated Person

Sec. 7. Where a petition is filed for the appointment of a guardian for an incapacitated person, a certificate of the administrator or the administrator's duly authorized representative that the person has been rated incompetent or incapacitated by the Department on examination in accordance with the laws and regulations governing the Department and that the appointment of a guardian or the issuance of a protective order is a condition precedent to the payment of money due the protected person by the Department shall be prima facie evidence of the necessity for the appointment.Formerly: Acts 1953, c.112, s.2007. As amended by P.L.33-1989, SEC.44.
IN Code § 29-1-19-8 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 19. Department of Veterans Affairs|29-1-19-8. Filing Petitions; Notice

Sec. 8. Upon the filing of a petition for the appointment of a guardian or the issuance of a protective order under this article, notice shall be given to the incapacitated person, and to other persons and the department by certified mail.Formerly: Acts 1953, c.112, s.2008. As amended by Acts 1982, P.L.171, SEC.64; P.L.33-1989, SEC.45; P.L.95-2007, SEC.12.
IN Code § 29-1-19-9 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 19. Department of Veterans Affairs|29-1-19-9. Bond of Guardian

Sec. 9. (a) Upon appointment, a guardian shall execute and file bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the protected person during the ensuing year. The bond shall be in the form and be conditioned as required of guardians appointed under IC 29-3-7. The court may from time to time require the guardian to file an additional bond. Any bank or trust company organized under the laws of the state, or of the United States of America, and operating a bank or trust company, which is located within Indiana, which is now acting, or which may act as a guardian under this chapter, is exempt from furnishing the bond required in this subsection to the same extent and in the same manner as a bank or trust company, when acting in a fiduciary capacity, is relieved from filing a bond under the provisions of IC 28-2-7.(b) Where a bond is tendered by a guardian with personal sureties, there shall be at least one (1) or more surety or sureties and the guardian or sureties shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall state that each is worth the sum named in the bond as the penalty thereof over and above all the guardian's debts and liabilities and the aggregate of other bonds on which the guardian is principal or surety and exclusive of property exempt from execution. The court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward's estate.Formerly: Acts 1953, c.112, s.2009; Acts 1961, c.93, s.1; Acts 1971, P.L.413, SEC.1. As amended by Acts 1982, P.L.171, SEC.65; P.L.33-1989, SEC.46.
IN Code § 29-1-19-11 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 19. Department of Veterans Affairs|29-1-19-11. Removal of Guardian

Sec. 11. If any guardian shall fail to file with the court any account as required by this article or by an order of the court when any account is due or within thirty (30) days after citation issues as provided by law, or shall fail to furnish the department a true copy of any account, petition, or pleading as required by this article, such failure may in the discretion of the court be ground for removal.Formerly: Acts 1953, c.112, s.2011. As amended by Acts 1982, P.L.171, SEC.66; P.L.1-1990, SEC.270.
IN Code § 29-1-19-12 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 19. Department of Veterans Affairs|29-1-19-12. Compensation of Guardian; Liquidation of Loans or Investments

Sec. 12. (a) Compensation payable to guardians shall:(1) be based upon services rendered; and(2) not exceed either five percent (5%) of the amount of moneys received or such larger amount as may be established by the court during the period covered by the account.(b) In the event of extraordinary services by any guardian, the court, upon petition and hearing thereon, may authorize reasonable additional compensation for the services. A copy of the petition and notice of hearing on the petition shall be given the proper office of the department in the manner provided in the case of hearing on a guardian's account or other pleading.(c) No commission or compensation shall be allowed on the moneys or other assets received from a prior guardian nor upon the amount received from liquidation of loans or other investments.Formerly: Acts 1953, c.112, s.2012; Acts 1971, P.L.413, SEC.3. As amended by P.L.1-1990, SEC.271.