Legal Question in Wills and Trusts in Tennessee
will to probate or legally not needed
My father pass away a year ago. My sister is executrix. She had always stated her and I were to share my father estate.
1. My sister would not let me have a copy of the will and my brother was disinheired. She indicated that everything was left to my septmother. I hired an attorney and finally recd a copy of the will. My sister and I were to split his estate 50/50 and brother was left a little sum of money. We also share 50% of the home. My attorney has attempted to get them to probate the will - but my stepmother ran my sister around right after my father's death to bank, etc. This has been going on for 8 months and now my step mother was named exectrix - she is not submittind the inventory and accounting nor is she answering the discovery letter. My question is where can I go to find out what assets my father had on his date of death? Also how long does she have to provide this infomation, My sister and her are stating the money is my stepmothers and my father did not want the will to go thru probate? Since my brother was disinheired, shouldn't they have probated the will in the first place. Please advise and Thank you
2 Answers from Attorneys
Re: will to probate or legally not needed
As long as you have an attorney representing you in this matter your questions should be directed to him/her. However, if you are no longer beiang represented by counsel or wish to retain new counsel, I may be able to help you. Is the estat being probated in Tennessee? 423 266-4855.
Re: will to probate or legally not needed
If you are represented by an attorney, I am wondering why you are not receiving the answers to your questions from your attorney. If you have discharged your attorney, then you should immediately find new counsel who is competent to advise you about probate matters.
Did your father pass away in Arizona? or in Tenn? In AZ, a probate is required if the assets in the decedent's estate are more than $50,000. A probate is required in all states where real estate is located and part of the decedent's estate.
Your stepmother cannot be named executrix, unless the will named her to serve in the event that your sister resigned as executrix. However, you have stated that there is no probate as yet, and thus, no one has legal authority to act on behalf of the estate without being appointed by the Probate Court.
In AZ, you could take action to commence the probate process and submit the Will for probate. If AZ has jurisdiction, because your father died in AZ, then you should retain counsel in AZ and I would be happy to represent you in this matter, after you have discharged your previous attorney.
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