Executor's obligations?

What is the name of your state? TN

Executor (my uncle, but not an heir) of my late Grandmother's estate is being sued for undue influence on Grandmother in the re-writing of her will. During the estate action, I assume he is still technically the executor, but he has refused to answer my questions (I am an heir) regarding the past and current status of the estate. Can he do this? What information is he obligated to provide to the heirs? Can we - the heirs - request and expect him to provide periodic statements of the estate status? What about past statements? Grandmother died almost 4 years ago and we'd like to know what has happened to the estate during all this time.

Also, can he legally use estate money to pay his legal bills to defend himself against this lawsuit? If he is found guilty of undue influence, can he use estate funds to pay for his appeal?

Who is suing him for undue influence--the heirs?

What is the alleged undue influence--that he got her to somehow name him as executor?

Is this estate currently being probated or has probate finished?

Why are you just now asking him for estate information when you should have been attending a probate court hearing or asking for this information before now?

DANDY DON IN OKLAHOMA ([email protected])

Who is suing him for undue influence--the heirs?
My father. What a long and convoluted story this has been! Did I mention I'm from TN...this has generated a family feud of epic proportions - the Hatfields and McCoys would be jealous! All kidding aside, I sincerely appreciate your willingness to help!

My grandmother had an '85 will which named 6 of her 10 grandchildren as heirs. Of the four grandchildren not provided for, one was disowned and excluded from the will, and the other three are children of my uncle-executor, who asked, at the time, that they be not included because he had considerable trusts already established for them.

Upon my grandmother's death four years ago, it was learned that there was a more recent ('92) will (which my executor-uncle claims to have "forgotten all about" until her death), which now includes my uncle's children and two of my grandmother's four sons (not my dad and not my executor-uncle). Executor-uncle claims that my grandmother 1) did not include him because he asked her to leave him out, 2) added his three children because he told her their feelings were hurt when they found out they weren't included, 3) added the two sons because they were the "less fortunate" of the four, and 4) did not include my dad because he was one of the "more fortunate" sons.

Dad claims his mother would never have omitted him without being influenced by my executor-uncle. My dad and my executor-uncle have been intense rivals since childhood, and my dad believes this was my executor-uncle's way of getting in another "blow." The undue influence is plausible, because the entire family, at some time or other, witnessed my grandmother signing documents put in front of her by my executor-uncle (who also had POA) without questioning or receiving an explanation regarding what the documents were. (Ex.- she signed nine $10,000 checks to her grandchildren which were drafted by my uncle, and she later was surprised that she had "given away her money," she thought she was "signing checks to pay bills!")

...is more info needed on this?

What is the alleged undue influence--that he got her to somehow name him as executor?
...please see above...

Is this estate currently being probated or has probate finished?
Probate is NOT finished. There has been a summary judgement against my executor-uncle, and I think that everything is on hold till trial - to decide whether he is guilty of undue influence, and if so rendering the '92 will invalid.

Why are you just now asking him for estate information when you should have been attending a probate court hearing or asking for this information before now?
I was never made aware of a probate court hearing, maybe because my dad filed suit as soon as he became aware of the '92 will??? I am a novice - never had been an heir to an estate, didn't know what my rights, responsibilities, etc. were, and unfortunately, trusted my executor-uncle to be forthright and honest - which I am learning more as time passes was a naive assumption on my part!

I have been web-searching and trying to educate myself about this matter. I found info on what the executor's duties are after the death, but I cannot find anything that really tells me what the executor's obligations are to the heirs - the things I can expect that he has to do. And I have not been able to find a situation that is close enough to the one I am in to be of much help. Executor-uncle has told me that he will not answer my questions, and something seems wrong with that. I am an heir in whichever will winds up being deemed valid (unless it is determined that my grandmother died in testate), so I would think I should be able to ask pertinent questions regarding the estate, especially of an executor who may not be handling the estate appropriately.

Thanks for reading and for any guidance you can offer!


DANDY DON IN OKLAHOMA ([email protected])[/QUOTE]

Why did grandmother give executor uncle POA in the first place?

At the time of signing the POA or afterwards (signing the newer will), was grandma taking any medications for any ailments that may have affected her judgment when signing documents? If so, then this will be valid grounds to support the contested will.

When grandma found out about the $10,000 gift checks that she really didn't agree to sending, is there anyone outside of the family that knows about this, that she may have complained to (someone at her bank, perhaps)? Too bad that grandma (or anyone else) didn't know that she could have cancelled/revoked the POA in writing if she wanted to. What is the value of this estate--is there much of anything left?

Undoubtedly there are probably other assets that this unscrupulous executor uncle has tried to dispose of and I hope your father's attorneys are able to uncover the evidence. Also have his attorneys look into the possibility of what state law says about abuse of power attorney--in most states, POA does not give authority to change the will and if it can be proven he wrongfully raided the estate to dispose of other assets he can be charged with embezzlement.

You may wish to visit the website www.findlaw.com and then click on the STATE CODES link in blue letters to try to find out if there is a website that has Tennessee probate law on it (or whatever state is applicable). I congratulate your father for fighting this--it is obvious that something sneaky and improper is going on. How odd and unfair that executor uncle wants his children included in the estate despite the fact that they are supposedly well-off, but wants to deny his brother out of spite.

DANDY DON IN OKLAHOMA ([email protected])