Oak Ridge, TN asked in Estate Planning for Tennessee

Q: grandsons estate

he died at age 24. i raised him. had legal custody.. ofc he had no will. he has money from shares in stock coming. his mom refuses to deal with it. can i be the executor? if not how long before it would go to unclaimed property? its been a year since his death..

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3 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: If his mother does not step up to probate his estate then you can certainly step up and file a petition and suggest yourself as the administrator. There is a good chance that you would be appointed. The court would prefer to appoint someone who is familiar with the estate and is willing to serve.

Anthony M. Avery agrees with this answer

Frank J. Steiner
Frank J. Steiner
Answered
  • Estate Planning Lawyer
  • Nashville, TN
  • Licensed in Tennessee

A: Yes - you can file an estate and request to be appointed administrator.

Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: If you expect the stock sale/distribution to be under $ 50K, then you will probably want to file a Small Estate Affidavit. It will be much easier and cheaper.

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