Asked in Probate for Tennessee

Q: IF a executor of estate is being unfair, not informing me of any progress, doesn't reply to my questions concerning will

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2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Not sure of your question. But has an inventory been filed? If not then you may wish to move the Court to remove the executor for cause. But be prepared for a lawyer or even you to get appointed the Estate Fiduciary. He and his lawyer do not represent you, but there are various statutory requirements. Read the File at Probate Court and ask the clerk to notify you of any hearings. Real Property rarely goes through an Estate, so you might consider a Partition Action if you are a tenant in common. You may wish to consult with an attorney, but the executor has all the power here.

T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: If you believe the executor of an estate is not fulfilling their responsibilities or communicating effectively, there are steps you can take. First, review the will to understand your rights. Try to communicate your concerns with the executor and request information about the estate's progress. If your concerns persist, consult an attorney specializing in estate law. They can provide legal advice and help you explore options such as petitioning the court for removal of the executor. Consider attending estate-related hearings and, if feasible, engaging in mediation to address conflicts.

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