Q: Can the executor of the Will continue liquidation of estate assets absent an injunction?
My sister’s boyfriend committed suicide and named her as the executor of his very specific will. She has completed more than half of the administration aspects of the Will after receiving the Letters Testamentary by the court. The Will was prepared by an attorney per TN statue. The Will bequeathed some specific tangible items to individual s but left the remainder to be liquidated and proceeds held in trust for his toddler granddaughter until the age of 25. His daughter is not happy with this will and has retained an attorney to contest it. That attorney has only filed a Notice of Appearance so far. The executor is set to do an estate sale this weekend. The daughters attorney contacted the executor on her personal cell phone tonight and asked her to postpone the sale. However, absent a court ordered injunction, she doesn’t have to postpone the sale does she?
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A: No, the Executor can continue performing her duties as a Fiduciary. But if a Will Contest is successful, the Executor will have to account for all property and cash. She needs to be careful, but if it is not time critical, she might wait to see if a Contest is actually filed. She has a duty to protect the ongoing Probate with a Will. She may be liable also. The Sister can also ask to be relieved of her duties. The Contest must be filed properly and the Estate must have a competent attorney to litigate it.
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