Q: How can I get a daughter of a deceased aunt to open up an estate per probate? She is not the executor of the will.
My step mother died in August and her sister died 24 hours prior to her death. The daughter was the only one who has access to the Trust and has been managing the money. She was given the death certificate and claims she does not have the original will. My father has already passed and has left his portion to my step-mother. My sister is the executor of the will. She is also a step daughter. The will states that everything will be divided in 3rds. The daughter is married and they both believe that she does not have to go to probate. My sister and her could go to the probate court to file the will and the death certificate. She will not do this and has refused to call us back. There is a lump of money from the sale of a house in the Trust unless they have spent it. Will I need to get a lawyer to help assist with a subpoena to get the documents? A costly trial? What is the best course of action?
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- Tennessee
- (931) 250-8585
- View Profile
- Answered
A: Anyone with an interest in the matter can open a probate. That includes you. You can hire an attorney to help you. The legal fees should be reimbursed by the estate.
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- Tennessee
- (615) 730-6090
- View Profile
- Answered
A: If you are named in the will or have a legal interest in the estate, you may file a petition to admit the will to probate,
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