Charlotte, NC asked in Probate for Tennessee

Q: My brother passed away & my 2 sisters & I (heirs- no will) agreed one sister would Executor. Can that be revoked?

My brother passed away with no will and me and my two sisters are the heirs. He left no will. We agreed the one sister would be Executor and have signed papers back in Feb. but because she lives out of state, we are still waiting for approval and probate to begin.

She is making bad decisions based on emotion and not common sense. Is it hard or be possible to revoke my agreement with her as Executor and ask that I be appointed. I am in the same state and am retired. My other two sisters both work and can only go to the house on long weekends. Is it possible to revoke my agreement of her as Executor and ask the courts to become Executors. My two sisters are in cohoots and wiil fight it and not keeping me updated on what’s going on. Is there anything I can do at this point? I think approval of her is imminent based on our decision but it has not been officially granted yet. Her choices could lose us $5-20K? Anything I can do?

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

A: It does not sound like Probate has been filed yet. If not, you can Petition the Court to be the Administrator. If Probate has begun, then you can file a Motion To Remove her For Cause. But initially you need a competent TN attorney to examine the assets and determine whether Probate is needed or not.

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