Q: In Tennessee, how do you change the executor of a decedent's will?
Circumstances have changed since the will was originally written (over 30 years ago) including the health of the named executor as well as the wishes of the decedent. He asked me on numerous occasions to see to his final wishes and his beneficiary (the surviving spouse) would like me to step in and take care of everything as well. I've seen in other states that the currently named executor can send in a letter that we can file with the will declining the appointment. I don't see that Tennessee has a document like that.
A: Yes, the executor named in the will can decline to serve- it is a voluntary position and no one can be compelled to serve. The Tennessee Code rarely provides forms for documents, so the refusal/resignation of the named executor will have to be prepared by someone- it doe snot have to be a lawyer, but it will need to contain the original signature of the named executor. the will needs to be reviewed also since it might address this situation: naming an "alternate" in the event the first choice is unable to act for some reason.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
