Tennessee: Will/Estate Executor's asset distribution being challenged by sibling

Question

My wife is one of four siblings and the executor of her mother's will.  Her mother just passed away leaving a "will" (done through an attorney 8 years ago) which simply states that my wife is to distribute assets however she decides (no list of who gets what).  Her estate = $40k cash. She had verbally instructed my wife to split that money between herself and 2 other siblings since the 4th sibling had received 17 acres, a truck and boat from her several years ago.  Unfortunately there is no written record whatsoever of their mother having said this (though I personally witnessed her stating as much on several occasions).  Now the brother claims that my wife is lying about their mother's wishes just to cut him out.  What will TN law say and what steps should she take now. Thank you so much

Leonard Robert Grefseng · Answer

If the one child received 17 acres and a truck and/or boat, there will be a written record of those transfers ( a deed for the land and title certificates for the truck,etc). This would be written documents supporting the verbal instructions your wife received. To protect your wife from claims of the one omitted child, she can file a petition for instruction asking the probate Judge to authorize her proposed distribution. This means filing papers in court and giving the omitted child a chance to come to court and tell their side. At the court hearing, you and your wife ( and any others that heard the deceased say this) can all testify about why your mother-in-law gave those instructions, and also present the deed and truck title , etc. I f the will truly gives you wife complete discretion to divide the estate any way she ( your wife) chooses, then the law supports upholding the last wished of the deceased.

Anthony M. Avery · Answer

You did not say if you had probated the Will or not.   Without probate the Will has no effect, your Wife is not an Executrix,  and the intestate succession law controls as to distributions to the Next-Of-Kin, that is probably 1/4 to each of the issue.   It is hard to believe an attorney drafted such a residuary estate distribution clause as that.   If you did probate the Will then the Executrix is legally bound to do what the Will says, although she may wish to ask the the Probate Court to Construe the Will Clause.   The brother probably still has time to contest the Will, which might just obtain a 1/4 interest for him.  The brother's interest may have already been extinguished by ademption, especially if there is a non-will administration of the Estate.

Q: Tennessee: Will/Estate Executor's asset distribution being challenged by sibling