Dealing with the aftermath of a loved one's passing can be a complex and emotionally taxing process, particularly when it comes to legal and financial matters such as estate administration and inheritance taxes. Within this delicate context, the "Motion to Show Cause" form plays a crucial role, serving as a formal request to the court in the estate matters that need clarification or resolution. This document is initiated by an interested party, most often a county assessor's office, when there are concerns about the handling of an estate's tax return—specifically, its completion and accuracy regarding inheritance tax obligations. The form outlines the steps taken to date, including the preparation and filing of the inheritance tax return, communications between the assessor’s office and the estate's personal representative or their attorney, and any issues preventing the finalization of the tax audit. The motion seeks the court's intervention to compel the estate's personal representative and their attorney to explain why the return remains incomplete and to ensure any unpaid taxes, penalties, and interest are settled promptly. This process is critical for ensuring the estate is properly managed and can ultimately be closed, with all financial obligations satisfied. It illustrates the checks and balances within the legal system that aim to protect the interests of all parties involved in an estate after someone has passed away.
| Question | Answer |
|---|---|
| Form Name | Motion To Show Cause Form |
| Form Length | 5 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 1 min 15 sec |
| Other names | indiana rule show cause form, indiana rule to sho cause hearing, indiana motion show, indiana motion rule show cause |
STATE OF INDIANA |
) |
IN THE __________________ COURT |
|
) SS: |
OF _____________________ COUNTY |
COUNTY OF _________________ |
) |
CAUSE NO. ______________________ |
IN THE MATTER OF THE ESTATE OF |
) |
|
)
_______________________, DECEASED. )
MOTION FOR RULE TO SHOW CAUSE
Comes now __________________________, of the _______ County Assessor’s Office,
and respectfully requests the Court to set the above captioned estate for Rule to Show Cause and further alleges and states as follows:
1.The decedent died testate on _________________.
2.An estate was opened in the ______________ County ____________ Court, on
_____________, appointing ____________________ as Personal Representative of the estate.
3.The Inheritance Tax Return was prepared by _________________ and filed on
____________.
4.That the items needed to properly finalize the return do not appear to be too onerous to obtain, even if the same are not readily available, namely:
a)_____________________________________________________________________
b)_____________________________________________________________________
c)_____________________________________________________________________
5.Since ____________________ (Date), _________________________, Personal Representative and his/her attorney, _______________________, (Attorney’s Name) have been advised of issues that prevented the complete audit of the return so that the
same could be finally processed, the county inheritance tax appraiser can complete and file a Report of Appraiser with the Court, and the Court, after hearing, issue its Order Determining Tax Due so that the file can be transferred to the Indiana Department of Revenue for final audit and the issuance of a Tax Clearance Letter. See EXHIBIT “A” attached hereto and incorporated herein.
6.That the ________________ County Assessor’s Office began working on this file on or about _________________, (Date) by speaking with attorney ___________________
(Attorney’s Name) and personal representative ____________________, (Personal Representative Name) and sending detailed letters (see EXHIBIT “B” attached hereto) describing the necessary revisions to the return, but the return continues to remain incomplete and the undersigned believes that this matter will continue to pend without the intervention of the Court.
7.The undersigned respectfully requests the Court Order __________________, (Attorney’s Name) Attorney, and _______________________, (Personal Representative’s Name) Personal Representative of the estate, to appear and show cause
why the return has not been fully completed and why any additional tax due, if any, including any penalty and interest, has not been paid.
Respectfully submitted,
_______________________
______________ County Assessor’s Office
_______________ County Assessor’s Office
_____________________________ (Address)
_____________________________, IN ________ (Zip Code)
________________________ (Telephone)
CERTIFICATE OF SERVICE
I do hereby certify that a copy of the foregoing Motion for Rule to Show Cause
has been duly served upon all counsel of record and the Personal Representative or listed below by United States mail,
_____________________________ (Name)
Attorney
_____________________________ (Address)
_____________________________, IN ________ (Zip Code)
_____________________________ (Name)
Personal Representative
_____________________________ (Address)
_____________________________, IN ________ (Zip Code)
_____________________ (Signature)
______________________ (Print Name)
______________ County Assessor’s Office
STATE OF INDIANA |
) |
IN THE __________________ COURT |
|
) SS: |
OF _____________________ COUNTY |
COUNTY OF _________________ |
) |
CAUSE NO. ______________________ |
IN THE MATTER OF THE ESTATE OF |
) |
|
)
_______________________, DECEASED. )
RULE TO SHOW CAUSE
Comes now the Court and having reviewed the County Assessor’s Office Motion for Rule to Show Cause and being duly advised in the premises now finds that _________________,
Attorney, and _____________________, Personal Representative of the estate, shall appear and
show cause why the Indiana Inheritance Tax Return filed with the Court on or about
______________has not been revised, and why any additional tax due, if any, including any
penalty and interest, has not been paid.
WHEREFORE, IT IS ORDERED that ______________________, Attorney, and
_____________________, Personal Representative of the estate, appear on the ____ day of
____________, 20____ at ________ to show cause why the Indiana Inheritance Tax Return for
______________ filed Court on or about _______________ has not been revised, and why any
additional tax due, if any, including any penalty and interest, has not been paid. All of which is Ordered this ______ day of __________________ 20____.
_________________________
Judge, _____________ County ___________ Court
DISTRIBUTION:
______________________
______________ County Assessor’s Office
_____________________________ (Name)
Attorney
_____________________________ (Address)
_____________________________, IN ________ (Zip Code)
_____________________________ (Name)
Personal Representative
_____________________________ (Address)
_____________________________, IN ________ (Zip Code)