Legal Question in Wills and Trusts in Tennessee
My mother died without a will, therefore her estate is intestate. (Tennessee) My brother and I are to divide the property equally. However, my brother has requested that I not appear in probate court, but ask that I sign an affidavit making him executor, trusting that he will distribute my share properly. I have been advised NOT to agree to this arrangement and to appear in court on my own behalf. My question is twofold: Do you agree that I should NOT sign an affidavit giving my brother executorship? And if I do sign such a document, does it give him the ability to take ALL assets, leaving me with no recourse in the event that he steals my portion? Any suggestions to an alternative to protect me? FYI---I am perfectly capable of appearing in court. We believe that my brother is trying to avoid a confrontation between me and my sister-in-law....who is mentally unstable. Thank you.
1 Answer from Attorneys
I would completely agree that you should not sign any documents that would give your brother complete control of the estate if you even slightly believe that he will not distribute your share to you.
I believe the documents that he wants you to sign are a consent to serve without bond, a waiver of accounting and/or a waiver of inventory. If you signed these documents, your brother would not be required to post bond, file an inventory or accounting of the estate with the court. I would suggest that you attend the court hearing on the Petition to open the estate so you can ensure that your brother should post a bond to serve as the Administrator.
If you would like to discuss this matter in greater detail, please feel free to contact my office.
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