Legal Question in Wills and Trusts in Tennessee
My brother is executor of our mother's estate. She has been gone 4 years and probate is not yet closed. He does not communicate regularly with the estate attorney and the value of the major asset, her house, is diminshing due to neglect on his part. He lives there rent free but does nothing on upkeep, which I have documented with photographs. Can my sister and I petition the court on our own to close the estate? Should we petition to have him removed?
2 Answers from Attorneys
Its not clear from you question how the real property was devised under the will. If your mom did not have a will then its likely you and your other siblings each have an undivided interest in the real estate. What that means is he has no right to live on the property absent an agreement with you. You can certainly petition the probate court to have him removed.
I recommend you contact an attorney in your locale for assistance.
Hope this helps.
The Executor cannot allow the house to be neglected and waste away. I would suggest that you file a motion with the court and require the Executor to fulfill the requirements to close the estate.
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