Legal Question in Wills and Trusts in Tennessee
My brother is executor and my sister , co-executor of my mother's will. My brother told me and my other
brother what was in the will and swore us to secrecy.The will states that my brother and my sister are
the executor and co-executor and their names are on the house, bank accounts, CD's and everything. My
brother says when she passes, he will divide everything between us 5 children, except the money market
account which is around $100,000, which each the executor and co-executor will divide equally beca;use
it only has their 2 names on it. He said it is not included in the will. He swears that he will divide the
house and CD's with the other 3 siblings. Can an executor have the power to overule the co-executor if
she does not wish to divide anything.
1 Answer from Attorneys
Your mother's will controls who gets what. The executors are required to distribute the property based upon your mother's wishes as set forth in the will. Whether your brother can do any of the things you state in your question depends entirely upon your mother's will.
The probate court oversees the distribution process - so it's not up to either executor as to how things will be divided. The executor(s) have to divide and distribute your mother's estate based upon what is stated in her will.
However, it is possible that certain assets - such as a bank account - will pass outside of your mother's estate, if other people are currently named on the account and have right of survivorship.
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