Lithonia, GA asked in Estate Planning, Real Estate Law and Probate for Tennessee

Q: My grandmother's will states that her house will go to my daughters who are 11 and 14.

The person over the house and funds when the house is sold is my cousin. The will places him as the advisor over the estate until my daughters are 21. The money must be used to take care of my daughter's needs. If there is any money left over when they have each reached 21, then the money goes to them. Should I contest my cousin being the advisor? Explain how this works.

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

A: Is the Testator deceased? If not, then there is no probated Will. If deceased, then the Will must be Probated to have any effect. If no Probate, then the house goes to the heirs. If the cousin is the executor and trustee, then it sounds like a decent devise. To remove an executor, you need alot of grounds, and you have not stated any.

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