Legal Question in Wills and Trusts in Tennessee

Executor spending down deceased personal bank account

My brother is the executor of my mother's estate. He is living alone in her home (which was left to 3 children)and paying the utilities, lawn care, etc. from funds in her checking account (signing her name to the checks). He also is making cash withdrawals from the account. These check and withdrawals were made before he received his Letters Testamentary. My sibling and I believe that he should have been paying these utilities personally during this time. How can we compel him to cease his withdrawals and ensure that he does not continue to do so from the estate checking account?

Asked on 7/18/06, 7:31 pm

1 Answer from Attorneys

Autry Jones Jones & Landers, Attorneys At Law
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Re: Executor spending down deceased personal bank account

Seek the advise of an attorney. It may be that your brother needs to be replaced as executor of the estate, or other alternatives.

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Answered on 7/18/06, 8:16 pm

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