Q: What can we do if a Will Executor lets things get stolen from the beneficiary(s)?
My boyfriend's father passed in November. Father left his girlfriend the home/estate and their own personal things accumulated together therein. Everything else personal to the father himself goes to his 2 sons. All that is fine and well, a very grand gesture by him to secure her and her grandkids' futures. And until recently, She has been nice and somewhat helpful I guess. But when probate ended we found many of their fathers things missing. Guns, money, outside equipment, safes emptied. Her son ( A known addict and thief) lives with her on the property. The sons don't want to sign the final papers! They feel robbed of their father and in general. She never did an inventory, We tried but can't go anywhere on the property without her on our heels. What can we do? She hired the probate lawyer, the lawyer is not helpful to us and says its up to the executor, contact her etc.
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- Tennessee
- (865) 637-3035
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- Answered
A: A Beneficiary should have moved to remove the executrix earlier for cause. You may be able to open the Estate up again, but it will be difficult and expensive. Conversion actions in General Sessions are possible by will beneficiaries, but proof of theft will be required. A civil suit for conversion in Chancery/Circuit might allow discovery of the suspected thief. Otherwise forget about it.
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