Sec. 20. (a) As used in this section, “estate lawyer” refers to a lawyer performing services for an estate at the request of the estate’s personal representative.

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Terms Used In Indiana Code 29-1-10-20

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Probate: Proving a will
     (b) Except as otherwise provided in a written agreement between the estate lawyer and an interested person, an estate lawyer:

(1) represents and owes a duty only to the personal representative;

(2) does not have a duty to collect, possess, manage, maintain, monitor, or account for estate assets, unless otherwise required by a specific order of the court; and

(3) is not liable for any loss suffered by the estate, except to the extent the loss was caused by the estate lawyer’s breach of a duty owed to the personal representative.

     (c) If a provision of a court’s local probate rule conflicts with this section, this section controls.

As added by P.L.99-2013, SEC.3.