The answer to this
question is not easy. It really depends
on the circumstances of your situation. If
there is a good trustworthy executor who hires a good competent attorney to
handle a Tennessee estate, then the answer may be no. However, if you are concerned about the
executor’s abilities to be handle the estate (and the estate has some actual value)
then I recommend that the beneficiary hire an attorney to assist them with
monitoring and following the estate proceedings.
There are many
complicated things that can happen in an estate. Additionally, there are people out there who
take advantage of being an executor of an estate and do things to improperly benefit
themselves. If you have suspicions about
these things, it is much better to hire an attorney on the front end (or at
least early on) to help you monitor the estate to make sure it is moving
forward appropriately. IT can be very
painful and expensive if you delay this and try to fix the situation late in
the process (although this is often when I get calls from beneficiaries asking
this question).
Additionally, as a
beneficiary in Tennessee you are entitled to information and documentation
regarding the estate. If you are not
kept up to date on what is going on in the estate by the executor or the estate
attorney, then you have a right to demand certain information. An attorney can file a motion requesting an
accounting of the estate along with supporting documentation to show the beneficiary
is not being properly advised of what is going on in the estate. This can be a very useful tool to make sure
that the estate is moving forward properly.
Also, when an attorney gets involved for a beneficiary, that can often
speed up the estate and there is a heightened awareness of keeping that beneficiary
and their attorney up to date on the estate.
If you have suspicions
or concerns about an estate in Tennessee, it is best to contact a Tennessee probate
attorney to assist you with monitoring the estate. This can be a lot less expensive to do on the
front end as opposed to trying to clean up a mess after the damage has been
done.
Follow me on Twitter at @jasonalee for updates from the Tennessee Wills and Estates blog.
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