Harvest, AL asked in Probate for Tennessee

Q: Tennessee - First question was not clear. I'll try again. Sister is My Mothers Executor and has her will.

My Sister is my Mothers Executor and has her will, I would like a copy, and she will not let me have one or even see it. What can I do to get a copy of my Mothers will?

There is a Trust for my Mothers assets that is supposed to be split between 4 children again Sister is Executor. Mother did not want just one child to have control of the Trust so my brother had to sign as well, I live out of state so it was not practical for it to be me. Could my sister and brother have taken money from the trust before my Mothers death? If I think my sister used My Mothers money for herself instead of my Mother can I get an attorney and order an accounting for everything she spent My Mothers money on?

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

A: You have not stated anything different. But apparently there are Co-Trustees, not Co-Executors. And you apparently do not know if the Will is Probated or not. Again find out if there is a Probate. And again hire a competent Tennessee attorney to look into this. Finally a viable Trust will survive the Grantor unless its terms require execution. I would guess the Trust contains most of her former assets, such that an Estate would not really exist.

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