Legal Question in Wills and Trusts in Tennessee

We live in Tennessee. Presently we are beneficiaries in an estate with 6 others, one being the executor. There is several parcels of real estate involved. One 115 acre farm has become a source of contention. It had previously, according to the executor, been sold for a certain sum of money on a handshake. But the executor because he wanted hunting rights, and the buyer refused, the executor backed out. The buyer came back up with a significant increase in price, to be refused again. We have found out he has divided a section out of the middle of the farm and contracted for sale the acreage for $1,000 less per acre. Contract is signed by the executor only and there was a clause that procured hunting for the executor and his heirs. Other beneficiaries have to sign in agreement. My question is can we be sued by the buyers for not signing off in agreement. It does state on the contract that if seller is unable to fulfill the contract and sell falls through, the earnest money, which was none, would be returned. Nothing else is state. Are we in danger of being sued. We are presently petitioning the court to remove the brother as executor. But, can we be sued because of his errors and his blind interest in the hunting for this property. We are more than willing to allow the first buyer to purchase the entire 115 acres not the 13 acres that is contracted for presently. Thank you.


Asked on 4/13/18, 8:13 pm

1 Answer from Attorneys
Dan Scott Scott Law Group, PC

You mentioned that you are asking the court to remove the Executor. Go ahead and file another Motion asking the Court to stay any action on the Contract that is being proposed until the Court determines whether the Executor should be removed.

Under Tennessee law real property vest in the heirs/or beneficiaries under a properly probated will, subject to the claims of creditors. Although you don't provide the information about how the real property is devised, then it must require the Executor to sell it. He is a fiduciary to the heirs. He should not be negotiating the hunting rights for himself, and then reducing the price because of it. Bring all this to the attention of the Probate Judge.

Hope this helps.

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Answered on 4/14/18, 8:26 am


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