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What legal rights does an heir to an estate in Tennessee have when the executor will not communicate or provide any financial documents?
This is a difficult situation and you should consult with an attorney who specializes in probate.
The heirs have the right to have the estate settled as expeditiously as possible. Once a Will is filed for probate it becomes a public record. The heirs can visit the court, request to see the file and review all the filings up to date. Remember that the executor has no authority until they have been appointed by the court. The court must approve the Will and the appointment of the executor. The executor has the legal duty to file the Will as soon as possible. If the appointed executor is not performing their tasks in a timely manner the heirs can file motions to compel the executor to act or to replace the executor.
If the executor won't file the Will, any interested party can petition the probate court to order the executor to submit the Will to the court. Withholding a Will after the death of the testator is a serious offense. Any interested party could also petition to be appointed the estate representative for an intestate estate and the estate will be handled according to the laws of intestacy as if there was no Will.
In any case, you need expert legal advice.
What else can I help you with?
What is a probate certificate?
A probate certificate most likely refers to the documents that a probate court issues to the executor that certifies that the will has been probated and that the particular person is the executor. The purpose of the certificate is to prove to financial institutions that the will has been probated and that the person named executor in the will is the actual executor and has the right to handle the estate. These documents are referred to as Letters Testamentary and usually the court will issue as many copies as the executor needs to handle the estate.
What is a co-executor?
A co-executor is someone who co-ops in the execution of legal documents such as wills.
What is rate of compensation the executor of estate in Tennessee?
10%
Do you have to go through probate in Oregon if there is a will that appoints an executor?
Yes, the only way an executor can be empowered to act as an executor is by having the will probated and having the court issue documents to the executor that state that that person is the executor.
If you are the executor and co-beneficiary do you have to get signed documents from the co beneficiary to act?
If you are the sole Executor you do not need signatures from any beneficiaries.
What happens when executor steals money and forges documents?
The executor should be reported to the attorney who is handling the estate and the court immediately. What you have described is criminal behavior and the executor should be prosecuted.
Can an executor sign legal documents by simply signing their own name or does it have to also say Executor for the estate of so and so?
For the signature to be valid, there should be a annotation as such. Most legal documents require a copy of the letter of authority to be filed with it.
Can heir property be sold by a majority vote in Tennessee?
Only if the executor and probate court agree.
Can an estate executor sign over responsibility to the estate attorney in Tennessee?
The executor can resign through the court and the court can appoint the attorney as the executor.The executor can resign through the court and the court can appoint the attorney as the executor.The executor can resign through the court and the court can appoint the attorney as the executor.The executor can resign through the court and the court can appoint the attorney as the executor.
Precedent of documents to be filed in applying for letter of administration in Trinidad and Tobago?
If and executor dies who appoint another
How does a family member apply to become executor of estate if executor is deceased?
You apply to the probate court. There is normally a package of documents that have to be filled out and submitted to the court. Consult a probate attorney for specifics.
Will the probate court in IL give you access to your deceased parents financial info?
In the state of Illinois, if a person whose parents are deceased has been named executor of their estate, yes, all of their financial information will be given to the living executor upon request.
