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executor giving away property (TN)

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skinny1

Junior Member
What is the name of your state?TN

Executor gave away parts of the estate. My attorney says because of elective share statute, ($50k Personal property exclusion) estate waisting does not matter. Is opposing attorney required to inform executor to not waste estate? Does elective share statute negate executor fiducial responsibility?
 


Dandy Don

Senior Member
You need to ask your attorney to explain what the exclusion means, since you apparently don't understand the concept. If she is entitled to the first $50,000 in personal property, then it's hers to do with as she wishes and you have no reason to be concerned about it.
 

skinny1

Junior Member
The wastage of the estate occurred before she elected a share. In fact she has still not elected a share but the threat of her electing a share has forced me to accept unfavorable terms not set forth in the will. My father left my stepmother real property and $50,000. Everything else he left to me and the right of first on the house.
 

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