do I need legal assistance in matters of probate of father's estate?

[Darren C.]

Jurisdiction

Tennessee

My father passed in January 2023. I acted as is caregiver and had POA prior to his passing. Older brother designated administrator of will and estate. He is working with a local law firm regarding probate, which began in mid March.



I have repeatedly asked law firm fir a copy of will ( I am a benefactor) and progress updates, via email and certified mail, since probate began, but have had no response.



Most recently I've had personal possessions, both professional materials I need for my work, and personal family photographs I has stored in my late Father's home removed without prior notification or contact stating intent to remover my personal belonging My belongings were the only items taken from my late Fathers home.



I also have photographic evidence to document that my possessions were in fact secure;ly stored at the home. The cost to replace my needed professional work materials alone could easily be conservative estimated at several thousands dollars.



I hope someone can tell me what my rights as a benefactor in my fathers will are and how and when I should consider hiring legal council regarding how lived been treated by my brother as executor ans the law firm managing the probate particulars.



Thank you kindly in advance for your help and consideration.

 

[Tax Counsel]

I have repeatedly asked law firm fir a copy of will ( I am a benefactor) and progress updates, via email and certified mail, since probate began, but have had no response.

Wills are generally public record, and the executor is required to file that with the court that handles probate for that county with a short period of time. That should now be done and you could get a copy of it from the court.

Most recently I've had personal possessions, both professional materials I need for my work, and personal family photographs I has stored in my late Father's home removed without prior notification or contact stating intent to remover my personal belonging My belongings were the only items taken from my late Fathers home.

How recently? The estate cannot retain any property except that of the decedent, and would have to return your property to you promptly. I suggest a letter the exector with a copy to the estate attorney demanding (with polite language, of course) the return of your stuff. The letter should be sent certified mail, return reciept requested.

I also have photographic evidence to document that my possessions were in fact secure;ly stored at the home. The cost to replace my needed professional work materials alone could easily be conservative estimated at several thousands dollars.

If the estate does not return your stuff promptly after the written demand you may need to sue for replevin (which is the return of your property) and for the money value of the items should the estate be unable to produce your property.

I hope someone can tell me what my rights as a benefactor in my fathers will are and how and when I should consider hiring legal council regarding how lived been treated by my brother as executor ans the law firm managing the probate particulars.

This guide for probate court clerks by the Tennessee may shed some light for you on how the process works:
https://www.tncourts.gov/sites/default/files/docs/probate_manual_final.pdf

You may want to do an initial consultation with a probate attorney now so you can be alerted to anything the estate is not doing properly. That consultation will not obligate you to sue the estate, but may be useful in prodding the executor to give you the information the probate code says you are entitled to receive. The longer you wait to get started is all the more time the executor may use to try to do something to cheat you out of your proper share of the estate.