Local Rule - State of Indiana

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II.III.MiscellaneousA. Probate Will only........................................$175.00B. Small Estate settlement procedure...............$300.00C. Inheritance Tax Schedule (see above)D. Federal Estate Tax Return (see above)Wrongful Death AdministrationA. Fees not to exceed:Settlement prior to filing..........................25%Settlement after filing andprior to trial .......................................33-1/3%Trial........................................................40%Appeal, or extra work.............................50%IV. GeneralFees will be computed on an hourly basis only for extraordinary services or for services notspecified above. Fee petitions requesting extraordinary fees must set forth services rendered withspecificity. Extraordinary services, depending upon the circumstances prevailing in eachindividual matter, may include: sale of personal property, sale of real property, partialdistribution, defending a Will, construing a Will, contesting claims, adjusting tax matters, anycontested hearing, petition for instructions, heirship determination, generating additional incomefor the estate, federal estate tax return, etc. All fee petitions must specifically set forth the feerequested for both the personal representative and the attorney and will be set for hearing.If all interested parties sign a waiver and consent stating that they have been advised theadditional fee request exceeds the Court's guidelines and that the services as detailed areextraordinary, the Court may not require a hearing. A suggested form of acceptable waiver isattached. The Court will not determine and allow fees in an Unsupervised Administration. Feesdetermined on non-probate transferred assets should be charged against the transferees of theseassets and not the estate.PERSONAL REPRESENTATIVE FEESI. ProfessionalTheir applicable reasonable rate to be reviewed in light of all prevailing circumstances.II.Non-ProfessionalAn amount not in excess of one-half (1/2) of the attorney's fee.III. AttorneyWhen the attorney also serves as the personal representative, an additional amount not inexcess of one-third (1/3) of the attorney fee may be allowed, provided:A. Additional services have been performed which are normally done by the personalrepresentative; andB. Assets of the estate warrant the allowance of additional fees.61
LIMITATION ON FEESIn all instances, the combined total of the fees allowed to the personal representative andattorney for the administration of an estate shall not exceed ten percent (10%) of the decedent'sgross estate.WAIVER AND CONSENT TO ALLOWANCEOF FEES IN EXCESS OF GUIDELINESWhen an attorney reasonably believes that extraordinary circumstances exist and requestsfees that exceed the Guidelines, it is suggested that all affected parties either sign a waiver andconsent, or the fees be determined only after notice to the affected parties and hearing on thepetition. The waiver and consent should not be merely a pro forma waiver and consent, butshould be in substantially the following form:IMPORTANT: PLEASE READ BEFORE SIGNING!WAIVER AND CONSENTThe undersigned, an interested party in the Estate ofthat:, understandsA. The maximum fee ordinarily allowed by the Court for legal services in thisestate would amount to $ .B. The attorney has requested fees in the amount of $ , alleging thatextraordinary and unusual services have been performed.Dated:The undersigned, being fully advised, now consents to the allowance of therequested fee, waives any notice of hearing on the Petition and requests that theCourt allow fees in the amount of $ .Devisee/Heir62
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TABLE OF PORTER COUNTY LOCAL RULESI
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LR64-TR03-3200..70. ...............
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LR64-PR00-5000.10 .................
Page 8 and 9:
X. PROBLEM SOLVING COURT RULES ....
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1100.30 Production and Form. All fi
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1500.20 Default of Defendant. Upon
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LR64-SC12-1800VENUELocal Small Clai
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(5) the judgment creditor or attorn
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2000 SERIESPORTER COUNTYLOCAL FAMIL
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2400.6 Term of Service.(1) The guar
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LR64-TR65-2910 RESTRAINING ORDERS29
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SUPPLEMENT TO THE PORTER COUNT LOCA
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ii.iii.iv.Identification of issues
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EXAMPLE ASSET FORMASSET NUMBER ASSE
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APPENDIX BFINANCIAL DECLARATION FOR
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Gross IncomePer week bi-weekly per
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Other (Specify):TOTAL WEEKLY DEDUCT
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9. Cell phone10. Dues/subscriptions
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VII. BANK ACCOUNTSType of Account(C
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XI.OTHER PROFESSIONAL OR BUSINESS I
Page 46 and 47: XIV. PERSONAL STATEMENT REGARDING D
Page 48 and 49: APPENDIX CFINANCIAL DECLARATION FOR
Page 50 and 51: Employer Dates of employment Compen
Page 52 and 53: D. OTHER EXPENSES1. Food2. Clothing
Page 54 and 55: The Petitioner shall pay $The Respo
Page 56 and 57: ALL OF WHICH IS FOUND AND RECOMMEND
Page 58 and 59: 6. Are there now or have there been
Page 60 and 61: APPENDIX FIN THE PORTER CIRCUIT COU
Page 62 and 63: Cause NumberAPPEARANCE FORM (CIVIL)
Page 64 and 65: 3000.50 In the event the filing of
Page 66 and 67: 3200.50 Margins and Bindings. Margi
Page 68 and 69: 3300.90 Motions to Strike or to Ins
Page 70 and 71: 3500.30 Time for Filing. Motions or
Page 72 and 73: 3600.40 Depositions. Depositions sh
Page 74 and 75: 3800.30 Pre-Trial Order. At the con
Page 76 and 77: Department; Porter County Sheriff
Page 78 and 79: then the judge of Porter Superior C
Page 80 and 81: I UNDERSTAND THAT MY ATTORNEY IS IN
Page 82 and 83: 4910.20 Defendant. The defendant sh
Page 84 and 85: LR64-CR00-4920 PRE-TRIAL CONFERENCE
Page 86 and 87: (3) Where the heirs or legatees hav
Page 88 and 89: LR64-PR00-5600CLAIMS5600.10 Five (5
Page 90 and 91: LR64-PR00- 5900UNSUPERVISED ADMINIS
Page 92 and 93: PROBATE - APPENDIX ACERTIFICATION B
Page 94 and 95: PROBATE - APPENDIX CMAXIMUMFEE GUID
Page 98 and 99: PROBATE - APPENDIX DSTATE OF INDIAN
Page 100 and 101: 6000 SERIESPORTER COUNTYLOCAL FAMIL
Page 102 and 103: LR64-FC00-6600CASE CONSOLIDATION AN
Page 104 and 105: (11) Court means the particular cou
Page 106 and 107: LR64-JR04-7100PROCEDURE FOR SUMMONI
Page 108 and 109: LR64-JV00-8050CASE CONFERENCECase C
Page 110 and 111: 7. At any time submit to a drug scr
Page 112 and 113: 9000 SERIES PORTER COUNTYLOCAL ELEC
Page 114 and 115: Notice of Filing Pleading (Manner o
Page 116 and 117: 10000 SERIESPORTER COUNTY LOCAL PRO
Page 118: 10300.30 Assignment. The day-to-day
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Local Rule - State of Indiana

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