Harvest, AL asked in Probate for Tennessee

Q: Does Mothers Will have to be filed in court even if her assets are not being probated? This is the state of Tennessee.

In the State of Tennessee. My sister is Executor over my Mothers estate so to speak. There is a Trust for 4 Children. Sister is Executor and younger Brother is second signer. First, I ask for a copy of the will Sister refuses to give me one. Can she be forced to give me one? Second The Trust has to be divided between the children as states in the will and not as the executor wants correct? Before my Mothers death could My sister and younger Brother have got any money from the Trust. Also doesn't the Financial person overseeing trust have to have a copy of the will and could I get a copy from him?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Probate Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Your question does not make sense. It sounds like there is an established Trust and now someone died with a Will. If so, the Trust Assets probably have nothing to do with an Estate unless the Mother was a Trust Beneficiary, where her interest would then be governed by the Trust Terms and then possibly distributed through her Testate Estate. But who is the Trustee of the Trust, sister and brother as co-trustees ?

And if there is a Will it means nothing unless it is Probated. It is possible the Mother has little assets in her Estate, having had placed everything in Trust and therefore no Probate is needed, but a Trust Accounting might be appropriate. Obviously you need a competent Tennessee attorney to represent you.

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