Boston, MA asked in Estate Planning and Real Estate Law for Tennessee

Q: How do heirs handle a petitioner to be the executor, who has made moves against the estate?

Our uncle was rushed to the hospital nearly unconscience. A cousin realized he no longer had access to the uncle's home and changed the locks. The uncle died weeks later. The cousin cleaned out the uncle's home ( heirs didn't receive any itemized account of what was in the house/removed, etc.) removed the vehicle from the premises. There was no will and the estate is left to several nieces and nephews including the cousin. The cousin who changed the locks and cleaned out the property has petitioned to be the executor of the estate. None of his actions were decided amongst the heirs. Now he's trying to sell the house without giving the heirs the first right of refusal. He's making lone decisions without consulting any heirs, but expects to be reimbursed from the sale of the estate. What are our options and do the heirs have first right of refusal to purchase the property? How much power does he have if named the executor, where he doesn't have to consult all heirs?

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Apparently he has already been appointed administrator. Hire a TN attorney to represent one or more heirs /next of kin. It appears that you are very late getting involved. Heirs do not get a right of refusal, but you may oppose the sale as the heirs own it. Apparently he is claiming it is an insolvent estate or that the sale is unopposed.

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