Estate Distribution Legal Options

Summary

If a trustee is withholding estate distribution, beneficiaries can petition the probate court to compel distribution or request the trustees removal. Filing a partition action is an option to force the sale of property if you are a co-owner. The duration of a partition action can vary, generally taking several months to over a year. If a judge is unresponsive, consider filing a motion to compel or requesting a change of judge. Consulting an attorney for personalized advice and representation is recommended.

Full Conversation

can I request partition action?
Yes, you can request a partition action in Indiana to force the sale of the property if you are a co-owner. Here are your options:
- File a Partition Action: Petition the court to divide the property or order its sale.
- Consult an Attorney: For specific legal advice and representation.
Would you like more information on how to file a partition action?
how long does partition action take?
Case Rating: *
In Indiana, the duration of a partition action can vary based on several factors:
- Complexity of the Case: More complex cases may take longer.
- Court Schedule: The court's calendar and backlog can impact timing.
- Negotiation and Settlement: If parties can settle amicably, it may expedite the process.
Generally, it can take several months to over a year.
Would you like information on how to get started with the filing process?
we have a court date set for January, but the judge is not overseeing the case - ignoring petitions and motions unless they are continuances requested by the trustee. What options do I have?
You might consider taking the following steps:
- File a Motion to Compel: Request the judge to address the petitions and motions.
- Request a Change of Judge: If the current judge seems biased or unresponsive.
- Consult an Attorney: For detailed guidance on navigating these legal procedures.
Are you interested in more information about filing a motion or requesting a change of judge?
thank you
You're dealing with a complex estate matter. Here are your options:
- File a Motion to Compel: Request the judge to address the pending petitions and motions.
- Request a Change of Judge: If the current judge is unresponsive or biased.
- Consult an Attorney: For specialized guidance and representation.
Would you like more information on how to request a change of judge?