Executitors of estate

[makentasha87]

Jurisdiction

Tennessee

My grandmother passed earlier this year and left her son (mu uncle) and her daughter (my mother) as executor of estate. Now my moved out of state last year before she passed. Now I had hear that in the state of Tennessee, if you have been convicted of a felony, you can not be executor of estate. But they also want someone living in the state to be executor. I have been making the mortage, house insurance, electric, and land taxes by myself without their help. My mother has done said she will sign her estate over to me of it does not have to be sold. Now the o ly problem is, my uncle. Since my.mother lIves out of state, and with his felony, can he still be executor of estate? If so, how can we stop him? He is already wanting me to move one of his drug buddies in and help me pay for things, my grandparents worked too hard for the house to become a drug house. I keep telling him no, I don't want anyone to live there. What do we need to do to stop him from being executor of estate and to where he had no rights to the estate without selling it?

 

[army judge]

In Tennessee, you cannot name:

someone who has been convicted of a crime and received a prison sentence, or

a judge, unless he or she is a member of your family and representing your estate will not interfere with any judicial duties.
(See Tenn. Code Ann. § 40-20-115; Tenn. Sup. Ct. R. 10, RJC 3.8.)

Otherwise, you are free to name any adult that you trust as your executor. The court must appoint that person unless someone else challenges your choice of executor and there is clear evidence that he or she is not competent to "reasonably discharge" the duties of the office. (See 785 S.W.2d 367; 60 S.W.3d 838.)

 

[zddoodah]

My grandmother passed earlier this year and left her son (mu uncle) and her daughter (my mother) as executor of estate.

Just to clarify - because so many people get this wrong - when you say that your grandmother "left her son . . . and her daughter . . . as executor [sic] of [the] estate," what exactly do you mean? Have they been appointed by the court to serve as co-executors? Or did you mean that your grandmother's will nominated them to serve as co-executors? There's a big difference.

Now my moved out of state last year before she passed.

There's a word missing from this sentence. Based on the rest of your post, I assume this just means that, prior to your grandmother's death, your mother moved out of Tennessee. Correct?

Now I had hear that in the state of Tennessee, if you have been convicted of a felony, you can not be executor of estate. But they also want someone living in the state to be executor.

As to the last part of this, I'm not sure who "they" are or why it would matter what someone wants. As far as the relevant law, section 40-20-115 of the Tennessee Code states that "[t]he effect of a sentence of imprisonment in the penitentiary is to put an end to the right of the inmate to execute the office of executor, administrator or guardian, fiduciary or conservator, and operates as a removal from office." At least one web site interprets this to mean that any person who has been convicted of a crime and received a prison sentence is forever barred from serving as an executor. I disagree with this interpretation (i.e., in my opinion, that interpretation is not supported by the statutory language), but I have not read any case law on the issue.

As far as non-residents, section 35-50-107(a)(2)(B) expressly allows a non-resident to serve as personal representative of a decedent's estate.

My mother has done said she will sign her estate over to me of it does not have to be sold.

Huh? Your mother's estate will not exist until she dies.

Now the o ly problem is, my uncle. Since my.mother lIves out of state, and with his felony, can he still be executor of estate? If so, how can we stop him?

If you don't want your uncle to be executor or co-executor, then you can oppose his application to the court to serve as such (but only if you have standing - see below). If he has already been appointed executor or co-executor, then it's too late.

I keep telling him no, I don't want anyone to live there.

What makes you think you get any say in the matter? Did your grandmother leave you something in her will?

If you are named as a beneficiary in your grandmother's will, then you have standing to object to the appointment of an executor or to object to the manner in which an executor is administering the estate. If you're not named as a beneficiary, then you have no standing.

 

[makentasha87]

She nominated them to be executors. My bad, I should have said that more clearly in the statement.

My mother moved out of statem



Huh? Your mother's estate will not exist until she dies. (So after the estate is switched over to all of our names, my mother my uncle my brother and me, she can not sign her portion of the estate or give it up? ) that doesn't sound right. I have known people to give up their portion of the estate to someone else. And they are still living. She sold her hose that she was living in, way before she moved and way before my grandmother passed.



I don't. And yes she did. So I should just a drug addict move in and just keep paying for everything on my own? (Note: my uncle and mother aren't helping to pay anything).

 

[zddoodah]

(So after the estate is switched over to all of our names, my mother my uncle my brother and me, she can not sign her portion of the estate or give it up? ) that doesn't sound right. I have known people to give up their portion of the estate to someone else. And they are still living. She sold her hose that she was living in, way before she moved and way before my grandmother passed.

You wrote that your "mother has done said she will sign her estate over to me." As written, that means your mother will sign her own estate over to you. However, you apparently meant to say that your mother said she will assign her interest in your grandmother's estate to you, which is something she can do.

So I should just a drug addict move in and just keep paying for everything on my own? (Note: my uncle and mother aren't helping to pay anything).

Apparently you're living in your grandmother's house and are paying the mortgage and other expenses in lieu of paying rent to the estate. You seem to have indicated that the estate presently has no executor, and it doesn't appear that anything is being handled properly. In any event, you have no more rights regarding the home than anyone else. If you want to legally exclude someone, then you will have to seek to have a court give you the authority to do that. Basically, that means seeking to become executor yourself. If you do that, your uncle will probably oppose your efforts, and you can then litigate the issue of whether or not it is appropriate for your uncle to be executor. I strongly suggest you consult with a local probate attorney for advice.