Q: My husband is the 1st trustee in his mothers will in TN and his brother is 2nd if my husband is not able.
His brother is trying to control everything. What happens if the 2nd trustee files the Will in probate court before we get a chance? Does this make the 2nd trustee the brother in charge of the entire estate? The brother is lying to us and taking funds out of bank account. What can we do? He is trying to tell us we can't take anything from house, but he is taking things from the house.
A:
If your Husband is Executor of hid Mother's Will, then he should probably hire a competent attorney and file the Will for Probate. The Estate should be examined for what is the best route, that is Probate or not. Since the Brother is taking things, it is probably better to Probate the
Will, and then your Husband as Excecutor should start marshalling up the Assets. The household items are not usually the really important items in an Estate. You should be much more concerned about money and investments. The Land might even be conveyed out.
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