Q: My father recently passed away in Tennessee and had a Tennessee will. His three daughters were in will, one being the
executor. The executor distributed cash assets that were in our father's safe to us but gave us no information on what remaining assets, such as what was in his checking account remain. Are we as the two remaining beneficiaries entitled to that information and whatever was left in the checking account?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Tennessee
- (931) 250-8585
- View Profile
- Answered
A:
Yes, the non-executor beneficiaries under the will are certainly entitled to a copy of the will and an accounting for the estate. Normally this is done via a full probate administration, but sometimes other methods are used, such as a small estate administration. First, you should check with the probate court in the county in which your father passed to see if a probate of any kind has been opened. If it has, you should drop into the probate court clerk's office and ask to review the file and maybe make copies.
Most likely a probate has not been opened, in which case it is possible that the named executor is not doing her job. You can hire an attorney to petition the probate court to appoint one of you as executor on the grounds that the named executor is not doing her job.
Shanone Emmack agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
