Q: It has been 2 years since the Deceased's death and the executor has not produce the will I am named in, what can I do?
My father passed away 2 years ago and my step-mother has not produced the Will to probate. I live in Washington State and I am dealing with this issue in Bradley County, Tennessee. My step-mother and I do not have a civil relationship. I was advised by my bankruptcy attorney to proceed with producing evidence the Will exists. I would like to honor my Father's memory by completing his wishes like he wanted for his only child. I was told for 15 years that he worked hard so that someday when he was gone he wouldn't have to worry about not being here to make sure I was okay and now that he's gone his wishes aren't being followed out.
A: You being in Bankruptcy is a big problem. I believe the Trustee can go after any interest you have up until 6 months after Discharge.. It looks like your Bankruptcy Attorney better check Title 11 USC. When it is advantageous for you, then you might file an Intestate Administration, and you can move for anyone you think has a Will to come forward with a Will.. But if no Will is produced, then he dies intestate, and you and the step mom will share the Net Estate after your Administration Fees are paid. If he had land, you may already be a Tenant In Common with her. . You need a competent Tennessee attorney to represent you.
A: If there is a Will Probated giving you everything, the surviving spouse can elect against the Will and take at least a third of the Estate. In addition to that is a year's worth of support. You need to figure out when your get your Discharge, then plan for when you might start acting like the owner entitled to a Partition Action, etc., or even taking other personal property, at least subject to Partition.
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