Lebanon, TN asked in Estate Planning, Family Law and Probate for Tennessee

Q: My dad was executor and refused the role so I was forced to handle everything.

My dad was put on my grandma's will as executor and when she passed he wrote a text message denying the rple as executor I was then forced to take care of everything regarding my grandma's funeral my dad then went to the bank and told everybody he is the executor. I ended up paying For all of my grandma's funeral expenses and I was told I would get reimbursed for that. me and my dad were also the POD on her bank account. We each received 3k. But all the money i received went back to the loan I had to take out to pay for my grandma's cremation and funeral services. I also found out my dad never reported her will. Never had it probated and never even told anyone of the will. He also would say he wasn't the executor and I was handling everything, unless he was dealing with the bank and trying to get something. Now he's demanding her ashes and her car. I paid for the cremation and paid to have a new title made and update her tags. What do I do? I feel as though many laws where broken

2 Lawyer Answers
Scott John Terry
Scott John Terry
  • Estate Planning Lawyer
  • Sumner, WA

A: Depending on the size of your grandmother's estate, you need to start a probate proceeding and have yourself appointed as the executor of your grandmother's estate. If her estate is smaller than $100k, then you can avoid probate and handle it via a small estate affidavit. An attorney experienced in probate and estate matters can help you through the process.

Henry Ambrose
Henry Ambrose pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Franklin, TN
  • Licensed in Tennessee

A: Go to the Probate Court clerk in the county where your grandmother lived when she died. Ask them whether the estate was opened for probate or not and if so, what happened with the case. Depending on what you find, you may want to contact a lawyer who does probate work.

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