Legal Question in Wills and Trusts in Tennessee
executor of will
my mother-in-law passed away in may of 2001.she left land in ny to my husband.will has not been probated.contacted lawyer that did will.he knew nothing.he said that the person directed to executor of will does not have to take the job.her 2 ex is executor.the lawyer was going to get a hold of ex to see if he was going to do it.we feel that he drained her estate and that there will be nothing left to pay any bills if there is any and that they will take the land in ny (also some stocks)to pay if they need to.
what do we do from here. thank you
2 Answers from Attorneys
Re: executor of will
You should locate the will and file it with the court. Since the executor has elected not to serve, perhaps you could petition the court for that position.
You should seek legal counsel. Let me know if I can be of help.
Daniel Clement
Re: executor of will
You have some nasty problems.
The first thing to do is find out who has the Will. The lawyer was correct; a named executor need not serve. However, the Surrogate will always make sure that there is an executor; not to worry.
The important thing is to find the Will and start the probate process.
Getting stuff back from second spouse is tough.
You really need counsel and you should look for one.
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