Carrollton, GA asked in Probate for Tennessee

Q: I am executor of my ex husbands Will . can our oldest daughter lock me out of our home?

My Ex Husband and I moved from Florida to Shiloh TN one month after our divorce April 2003 yo raise out daughter. He passed away and left me executor of his Will, because we were together of 38 years and he trusted me. The day he passed away my oldest daughter informed me ai was locked out. She emptied his bank accounts gas sold and burned our belongings, let one of our horses die and her and her boyfriend destroyed all the furniture in out home fighting one night and both were arrested. I went up toleave a letter for my daughters and her boyfriend let his pit bulls after me. I recently found out the retirement fund he left me was emptied. I was not allowed at the funeral home yo say Goodbye and not given a death certificate. I have not been able to fulfill his last wishes and Don?'t know what to do.

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

A: It appears that you have failed to Probate His Will. And now it will be very difficult to start any type of successful Administration. It is very possible the Daughter has already Probated his Estate. You should check with the Court of Probate Jurisdiction in the County of death. If there is a File, hire a lawyer to start to intervene and start Probating the Will. But you have probably waited too long. On the real property check the title, and if you file the Will it may be your duty to secure possession of it at least temporarily for the benefit of the devisee, which includes a Detainer Warrant or breaking a window out.

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