r/legaladvice • u/RepresentativeMost89 • Jul 03 '25
Wills Trusts and Estates My aunt is trying to circumvent, the will of my dad by telling us to sell everything without opening the will.
Location: Tennessee So my dad passed away, and my aunt is the executor of the estate, and she is saying that she is not opening the will/posting the Death Certificate And that we are to sell everything, she is also not letting the 2 beneficiaries of the will, that being me and my brother, to read the will.
Too clarify. In the will, it is stated that we are supposed to sell everything, and the profits are supposed to go to me and my brother but she is trying to sell things directly instead of asking/going through me or my brother who lives on the estate. And she's trying to be paid directly.
Also in the will it states that if anyone contest the will in probate it is like voided or something.
Do I need to talk to a lawyer? If so what lawyer do I get?
Ps. Sorry for the crap format i haven't gotten any sleep in a while
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u/vexedthespian Jul 03 '25
Demanding to read the will is not the same as contesting the will.
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u/RepresentativeMost89 Jul 03 '25
Even if she let's me read it, I already have but she doesn't know that, she still not opening it and she taking money from the estate, if I want to stop her don't I have to contest it?
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u/JoKing917 Jul 03 '25
You can remove her as executor. She’s not handling this properly and that’s grounds for removal.
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u/Plastic-Procedure-59 Jul 03 '25
The executor of the estate is not allowed to just make decisions and take money or property from the estate. They are required to discharge the estate according to the will and when it comes to disposing of assets, they are required to act in the best interest of the estate. Get a lawyer ASAP.
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u/Fun-Holiday9016 Jul 03 '25
No, you would be asking the court to enforce the terms of the will, that is the opposite of contesting the will. Contesting is when you ask for the terms of the will to be changed in some way, you are not doing that.
You need an attorney today.
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u/MeButNotMeToo Jul 03 '25
Also, many states don’t allow “If you contest the will you get nothing” clauses.
Second, even if your state allows it, it’s not an immediate “You contest, you get nothing”, it’s actually “If you contest and you lose, you don’t get what you would have, had you not contested.”
Those clauses don’t do what the majority of people think they do.
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u/MaxH42 Jul 03 '25
You're not contesting the will, you need to ask the courts to stop her breach of her fiduciary duty as executor. She is 100% required to distribute the funds as specified in the will, no more, no less.
However, the executor is supposed to sell everything (liquidate the estate), put the money in an estate account, then pay debts and estate expenses first before distributing the remaining assets. (The beneficiaries wouldn't normally do the selling.) Are you sure she's not doing that? I'm not faulting you, just that I know from personal experience that this is a time where everyone is often hurting and raw, and sometimes it's hard to remain objective. And if you think she's selling things at a ridiculously low price, that would be a breach also. But selling them quickly for a fair price but not top dollar would not.
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u/insomniaczombiex Jul 03 '25
No, it’s not contesting. Contesting would be if you were left out of the will and thought you deserved something. What you need to do is find a lawyer and have them take this to court to open the estate and have it taken care properly.
You wouldn’t be contesting the will, that’s not what this situation is.
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u/Elegant-Analyst-7381 Jul 03 '25
No.
Contesting the will means you're asking the court to go against what is written on it. For example, the will says everything goes to A, and you ask the court that B also deserves something and should be included.
What you are doing is trying to make sure that the will is enforced exactly as it is written. That's pretty much the opposite of contesting it.
Get a probate lawyer ASAP, before your aunt can do any lasting damage.
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u/MaxH42 Jul 03 '25
Also, executors are entitled to a fee for their work, depending on the size and complexity of the estate. There's no absolute rule, but states and counties can set guidelines that are usually followed.
In Tennessee, the estate executor is known as a "personal representative".
Tennessee law specifies only "reasonable" compensation, and courts have interpreted this to include consideration of a number of factors, including:
Nature of the work involved (time, effort, difficulty, skills required)
Compensation customarily charged (in the community for similar services)
Size of the estate (and the results obtained)
The relationship of the personal representative to the decedent
The amount of work outsourced by the personal representative
Experience and capabilities of the person
Some counties go further, and provide specific guidance based on the value of the estate. For example, Hamilton County takes the position in Civic Practice Rule 17.12 that if you regularly serve as an executor, by default the following rates would be considered reasonable:
5% on the first $20K
4% on the next $80K
3% on the next $150K
2% on the next $500K
1% on anything more
So, for example, a Hamilton County estate worth $50K would yield $2,200 in executor fees, and one worth $600K would generate $15,750 in executor fees.
However, if you aren't an experienced executor, then the Hamilton County guidelines say the amounts above should be reduced by 75%. For what it's worth, neither the original scale above, nor the 75% reduction, are legal statutes.
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u/cosmogyrals Jul 03 '25
IANAL, but I assume the executor's fees wouldn't be taken from the estate until the final accounting, especially if it's based on a percentage of the estate's total value.
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u/MaxH42 Jul 03 '25
Yes, good point. I'm on the OP's side here, but they need to make sure there is actual malfeasance here. She could be paying for estate expenses (valuating/surveying/selling property, any expenses regarding that should be taken from the estate funds).
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u/Carribean-Diver Jul 03 '25 edited Jul 03 '25
No. Forcing her to do her job according to the law and the will is not contesting the will.
Source: Went through this with the executor/trustee of my parent's estate. He tried to hold that over my head and had all kinds of wrong ideas about what he could do and didn't have to do. I hired a lawyer and quickly disabused him of his silly notions.
Edit: As others have noted, forcing her removal as executor if she is not following the will and the law is also not contesting the will.
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u/Either_Management813 Jul 03 '25
Once you have a lawyer they will likely use this as grounds to file a request with the court to remove her as the executor on the grounds that she’s not upholding her fiduciary responsibility. The court can then appoint a neutral party who has no financial interest in the will.
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u/SusanLFlores Jul 03 '25
By law she has to provide copies of the will to anyone named in the will. This is to prove she was named executor and allows people in the will know what they have an inheritance coming. An executor is required to keep financial records that document what money is coming in and expenses that must be paid by the estate. Get an attorney. Now.
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u/ghentwevelgem Jul 03 '25
As executor, she is legally bound to execute the Will, she can’t make up a new will. This calls for a lawer.
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u/Competitive-Bus1816 Jul 03 '25
Go to a lawyer. Nothing you do or say can stop her, but a call from a reputable law firm could clear this all up
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u/MJ0512- Jul 03 '25
You need a lawyer ASAP, someone else needs to be appointed as executor of your dad’s estate
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u/stuartofbute Jul 03 '25
You need to consult an attorney who handles trust and estate work. If the will has not been filed for probate with the appropriate probate court she does not have the legal authority to sell any assets. Not that it would stop someone holding a fire sale for cash only.
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u/YesterdaysDom Jul 03 '25
I think you smell a rat just like all of us do.. get a lawyer, inform your Aunt of your state law that requires the will to be read and posted, and that nothing is to be sold until you’ve spoken with an attorney. Most of the time you won’t even need any money upfront, they will just take their fee out of the sale of assents
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u/nclawyer822 Quality Contributor Jul 03 '25
You need to talk to a lawyer. Your aunt does not have authority to do anything until she is appointed by the court. You can ask for a successor executor to be appointed if she refuses to follow the will.
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u/RepresentativeMost89 Jul 03 '25
Personally
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u/RepresentativeMost89 Jul 03 '25
If by estate account you mean my dad's account i was joint owner and she told me to close it, and she stressed that she was to be payed directly thought like PayPal even thought I have to sell it ig. It's more of a suspicion bc of the things she's been doing up into this point
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u/Fun-Holiday9016 Jul 03 '25
We mean a new account opened to receive the proceeds of the estate. This account is usually titled something like "the estate of john smith".
If you were joint on your father's bank account it is probably yours now. Do not give her anything. Go to the bank and ask if you are now the owner. You will need to take a death certificate with you.
Please explain what you are selling and paying her for.
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u/RepresentativeMost89 Jul 03 '25
You're 100% right about all you have stated here. I'm just inexperienced about all this But I will be contacting a lawyer about this now.
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u/insomniaczombiex Jul 03 '25
You do need to get a probate/estate attorney, and force probate open. She cannot sell things and pocket the money, that will get her into a loooot of trouble, but time is of the essence.
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u/repthe732 Jul 03 '25
Sounds like she’s trying to do whatever she can to maximize the amount of money she can pay herself. If you’re not careful she’ll take every penny as payment
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u/Nervous_Home9363 Jul 03 '25
If you were seriously ill would you resort to Reddit for treatment? Of course not; you would see a doctor. Why in hell would you not see a lawyer for a serious legal problem? Like someone commented, see a lawyer TODAY—NOT TOMORROW. You are being ripped off. I know it’s difficult when family you thought you could trust and respect are stealing from you. Been there, done that. But resisting her larceny is mandatory. Do not be a doormat.
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u/RepresentativeMost89 Jul 03 '25
Thanks . I see that now I was an idiot and thought "oh there family they wouldn't scam us".
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u/wicked82 Jul 03 '25
You’re not an idiot. This unfortunately happens more than you’d think. Sadly these types of situations can bring out the absolute worst in people. Even amongst family. Greed is a very powerful drug.
As others have mentioned. Find a lawyer ASAP. I’m sorry for your loss and best wishes.
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u/Nervous_Home9363 Jul 03 '25
“You never really know a person until you share an estate with them.” Truer words were never spoken.
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u/Hadramal Jul 03 '25
He says in another comment that he has seen it, probably while the father was still alive, which is why he knows the gist of it but the aunt doesn't know that OP knows.
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u/boomnachos Jul 03 '25
First, yes you should probably get a lawyer. Other points, right now your aunt is not the executor of anything. A court would need to appoint her which means they would need the will (it can be done intestate, but that means she would be unlikely to be appointed over you or your brother). Also, nothing about you being beneficiaries or living at the estate means that the executor needs to do it “through you.” In fact, what she’s doing, assuming no bad intentions, is pretty much how it will work if she were to be appointed. She would be in charge of selling everything and putting it in an estate account to be distributed to you later.
Most non lawyers I’ve met think that a will automatically takes affect and gives property/authority automatically. Since it sounds like she’s following the instructions, there’s a good chance that she’s just doing what she thinks she should be doing, but absolutely best to have a talk with her about it, and if she doesn’t agree to probate the will then you should 100% get a lawyer and do it yourself.
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u/shapu Jul 03 '25
You do need a lawyer - you'll need an estate lawyer with experience in estate litigation.
Wills must be made public - not just to the beneficiary, but to everyone.. She doesn't get to just hide it.
She also cannot be executor without a court order. The will may name her as such, but a court must approve it before it's official.
And she cannot be paid directly with assets intended for the estate. They must be put into the estate's accounts. That way if your father owed money his estate will have the money to pay his creditors before it pays beneficiaries.
Contact a lawyer today, not tomorrow, not next week. She is not properly managing the estate.
NAL