Legal Question in Wills and Trusts in Tennessee

My grandmothers will was not honored by my aunts husband, the executor of the will. my mother was to get 1/2 of the estate and my aunts husband sold the entire estate. My mother did file a petition to probate however had a stoke shortly thereafter and the petition to probate was dismissed in 05. My mother did not tell any of us she did this and of course now cannot.

We were all told Grandmother did not have a will; now I see she did several years later. Is this criminal in TN to not honor a last Will and Testament? The farm has since been sold. Can anything be done to prosecute this person?


Asked on 2/09/10, 7:21 am

1 Answer from Attorneys
Michael McNulty McNulty & Associates

I am terribly sorry to hear that someone has done something so deceitful. You should be able to file a Petition to Probate the Will given the circumstances of why it was dismissed. Is the Will the Original Copy. Do you know exactly what is missing from the Estate. I'm not sure how the farm was sold if it was in your grandmother's name. I can help you try and figure out your best options but I would need more details to proceed. Feel free to contact my office if you would like to talk about your situation.

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Answered on 2/15/10, 11:20 am


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