Contesting a Will

[JorgaBell]

What is the name of your state? TN

A friend of mine is being sued by a couple of her relatives. 2 Nieces (sisters). Her father their grandfather passed away a few years ago. The nieces were left $20,000.00 a piece. They claimed that my friend who is the executrix of the will mishandled some of the funds, (not what was left to them but the rest of his estate).

They are requesting all copies of all records pertaining to her and her father. They are wanting stock reports, bank records, savings info, property info, of course they don't care about any of the bills that were left to be paid out of the estate they just want all the other info.

My friend has retained a lawyer and has been going back and forth with their lawyers for over a year now. Her father was very explicit in his will.

She is afraid of going much further because she is worried that if it went to court that they would get all the records. She is not trying to hide anything, but she is afraid that if a judge let them have all the records they want than that would mean that any money that was/is hers would be taken into consideration and given to those 2 nieces. Not to mention the fact all the money she is putting out in lawyer fees and all the energy and time this is consuming.

She is curious if this is something that is worth fighting for. She is tired to say the least and just about broke.

I just couldn't believe that someone could cause such trauma when a will was spelled out and all the i's dotted and t's crossed.

Those nieces live in another state. Grandfather passed in TN with will in TN.

Any ideas?

 

[BelizeBreeze]

What is the name of your state? TN

A friend of mine is being sued by a couple of her relatives. 2 Nieces (sisters). Her father their grandfather passed away a few years ago. The nieces were left $20,000.00 a piece. They claimed that my friend who is the executrix of the will mishandled some of the funds, (not what was left to them but the rest of his estate).

They are requesting all copies of all records pertaining to her and her father. They are wanting stock reports, bank records, savings info, property info, of course they don't care about any of the bills that were left to be paid out of the estate they just want all the other info.

My friend has retained a lawyer and has been going back and forth with their lawyers for over a year now. Her father was very explicit in his will.

She is afraid of going much further because she is worried that if it went to court that they would get all the records. She is not trying to hide anything, but she is afraid that if a judge let them have all the records they want than that would mean that any money that was/is hers would be taken into consideration and given to those 2 nieces. Not to mention the fact all the money she is putting out in lawyer fees and all the energy and time this is consuming.

She is curious if this is something that is worth fighting for. She is tired to say the least and just about broke.

I just couldn't believe that someone could cause such trauma when a will was spelled out and all the i's dotted and t's crossed.

Those nieces live in another state. Grandfather passed in TN with will in TN.

Any ideas?

When EXACTLY was the will admitted for probate?

 

[JorgaBell]

The will was probated in 2005. Just curious as to why that would make a difference.

Also, curious to know that if a relative is not mentioned in the will, do they have something to stand on to contest it? Or is it better to have stated in your will that Mr John Smith WILL NOT be getting anything from the will?

Thanks

 

[BelizeBreeze]

The will was probated in 2005. Just curious as to why that would make a difference.

Also, curious to know that if a relative is not mentioned in the will, do they have something to stand on to contest it? Or is it better to have stated in your will that Mr John Smith WILL NOT be getting anything from the will?

Thanks

one last time. WHEN EXACTLY was the will offered to PROBATE. NOT when was it probated. If you don't want to answer the question as posed, it's not my problem so I'll just leave and let you hire your own attorney.

 

[seniorjudge]

one last time. WHEN EXACTLY was the will offered to PROBATE. NOT when was it probated. If you don't want to answer the question as posed, it's not my problem so I'll just leave and let you hire your own attorney.

Yep.

We need that info before we can start this discussion.

 

[Dandy Don]

Ask her if she remembers whether she posted an executor's bond or not during the time this estate was probated, or did the will exempt her from doing so?

Has she consulted with her attorney to find out if she can ask for recovery of her legal expenses if the court rules in her favor in this lawsuit?

Did she provide the estate with an official accounting? What exactly is she being charged with in the lawsuit?

 

[BelizeBreeze]

Ask her if she remembers whether she posted an executor's bond or not during the time this estate was probated, or did the will exempt her from doing so?

Has she consulted with her attorney to find out if she can ask for recovery of her legal expenses if the court rules in her favor in this lawsuit?

Did she provide the estate with an official accounting? What exactly is she being charged with in the lawsuit?

All moot points if she comes back and answers the damn question

 

[JorgaBell]

I had to wait for my friend to get home to ask her your questions.

As far as Probate - when it went to probate and when it was probated....It went to Probate June 05 (she thinks around the 29th). Had 15 months to get accounting to court. Don't know if that answers your ? BB.

In will it stated she does not have to provide accounting to anyone but to the State. And she did that.

She has been having a tough time with all of this so she will be going back thru her paperwork and getting exact dates.

The relatives going after her wanted to make sure there was no more money she was hiding that they felt they were entitled to, besides what was originally left to them. They refused to sign off on paperwork until all records got sent to them.

 

[BelizeBreeze]

I had to wait for my friend to get home to ask her your questions.

As far as Probate - when it went to probate and when it was probated....It went to Probate June 05 (she thinks around the 29th). Had 15 months to get accounting to court. Don't know if that answers your ? BB.

In will it stated she does not have to provide accounting to anyone but to the State. And she did that.

She has been having a tough time with all of this so she will be going back thru her paperwork and getting exact dates.

The relatives going after her wanted to make sure there was no more money she was hiding that they felt they were entitled to, besides what was originally left to them. They refused to sign off on paperwork until all records got sent to them.

There is a two-year statute of limitations on contesting a will in your state. I'm sure her attorney knows this. So the timelimit has not yet expired. So, have they filed suit yet or not?

 

[Dandy Don]

The provision that she did not have to provide accounting to anyone but the state was incorrect and misleading because state law may say otherwise. She needs to go ahead and provide the beneficiaries with a copy of the accounting so that this can be over and done with.