One issue that comes up in Tennessee
estates on occasion is when beneficiaries or heirs believe a will has been concealed
or hidden by somebody. Sometimes there
are suspicions about a person hiding or even destroying a will that does not
benefit them. The question is then asked,
what can be done about this situation?
Tennessee law clearly provides that
destroying or concealing a will to prevent probate is against the law. Specifically, T.C.A.
§ 39-14-131 provides that it is a felony to do this in Tennessee. The entire statute is as follows:
Any person who
destroys or conceals the last will and testament of a testator, or any codicil
thereto, with intent to prevent the probate thereof or defraud any devisee or
legatee, commits a Class E felony.
As a result, what can you do if you are in
this situation? My recommendation is for
you to hire an attorney in your area to send a letter to the suspected
individual. This letter should demand
that a copy of the will be produced. It
should cite to this statute that makes it clear that it is illegal to hide or
destroy a will. Often this alone will
cause the individual to produce the appropriate will as is required under
Tennessee law. Obviously, if this is
unsuccessful then authorities may need to get involved to deal with this
situation.
Follow me on Twitter at @jasonalee for updates from the Tennessee Wills and Estates blog.
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