Executor and Probate

[JumpingJack]

My husband died Feb 2000, I am the sole heir to his estate and co-executor with his son. I am IN TENNESSEE.We were married 24 years and 16 of those he was a paraplegic due to a bad operation. The money we have is from a malpractice suit. His son is not named in the will but has part in a trust set up for he and his sister, upon my death. He and his lawyer have thought of many things to delay probate, the last one being: asking for cancelled checks and bank statements from 10 years back. I have filed to have him removed from being executor and he has filed to remove me. I don't understand why they would need these things. They have searched for other wills , but the one in probate is the latest. My question is : since he is sworn to uphold the terms of the will , what would be the reason for asking for these checks and statements?and, can he legally do it? I do believe he intends to contest the will and is finding out all he can before he is terminated as executor.

 

[advisor10]

(01-20-2001)

We really can't read someone else's mind as to why they would ask for these checks covering a prior 10-year period, but it seems he is trying to be a little bit too nosy in trying to find out what you and your husband's standard of living is--if you are "rich" or middle-income, whatever.

Is your bank going to cooperate with this by furnishing this information? You may be able to get out of this--most banks records don't go back that far and you should be able to explain to your attorney that this is an unreasonable request. If you have a hearing before probate judge, be sure to mention that this seems like an unreasonable request and have them explain the reason for asking for this. It is up to the probate judge to decide whether or not this is a valid request, but I think the decision will be in your favor where you will not have to provide them, or if so, then only for the past year or two. Usually, the hearing before the probate judge comes within 30 days after the will has been filed at the county courthouse, and you can explain your objection then.

What is the size of your husband's estate--would it be worth it to the son to contest the will? He has a very difficult case and it will be hard for him to win, since, as you say, the exact wishes of your husband are stated in the will and the will must be carried out.

Even though his lawyer has ASKED you for these cancelled checks, you DO NOT HAVE TO PROVIDE ANYTHING until the case comes up before the probate judge in the hearing. Don't give them anything unless the probate judge tells you to.

SINCERELY,

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