Can I Sue an Executor of an Estate in Tennessee?

When a person dies, they can leave behind any number of assets to be distributed amongst their loved ones upon their death. The last thing a decedent wants is something going wrong with their estate due to the unlawful actions of an executor. That’s why it’s important to ask, “Can I sue an executor of an estate in Tennessee?”

An executor is typically named by the owner of the estate or the court that administers a person’s estate. When an executor misuses their power by mismanaging a person’s estate, the beneficiaries have a right to seek legal action against them.

Pursuing a claim against an executor can be complex, especially if you don’t have much legal experience. A Tennessee estate planning lawyer can evaluate your case, gather evidence, develop a strategy, and represent you in court. They can hold a negligent or malicious executor accountable and secure compensation from them.

What Does an Executor Do?

An executor is responsible for a variety of tasks regarding a person’s estate. When someone names you as an executor, they trust you to carry out their final wishes and settle their estate. This involves tasks like taking inventory of an estate, paying debts and taxes, keeping creditors updated, and distributing assets to beneficiaries.

Executors have a long list of duties and responsibilities. It’s important to hold them liable for their actions to make sure they are upholding those duties lawfully. About 80,667 people per year died in Tennessee from 2018 to 2022. Moreover, the life expectancy for people living in Tennessee is about 72.4 years on average.

People die every day, and it’s important to understand your rights before you do. That way, you can protect your assets and ensure the financial future of the next generations. The leading causes of death in Tennessee in 2021 were heart disease, cancer, COVID-19, and accidents. That said, you can die at any time, and it’s important to have a plan for when your time comes.

Even if you have a plan in place, there’s a risk of it going awry. An executor could waste assets through bad investments, either negligently or maliciously. They might attempt to favor one beneficiary over another, against the explicit wishes of the grantor. The favored beneficiary could even be colluding with the executor. At worst, an executor could steal the estate’s assets, leaving beneficiaries with nothing.

That’s why it’s so important to choose someone you can trust to handle the affairs of your estate. Fortunately, beneficiaries and grantors can take legal action if an executor begins to mismanage an estate.

How to File a Case Against an Executor of an Estate in Tennessee

Filing a case against the executor of a loved one’s estate can be a stressful and often contentious process. Working with a Tennessee estate planning lawyer can strengthen your case, and your attorney can represent you in a court of law. You can file a case against an executor if you’re a creditor or an heir who stands to inherit assets from an estate.

While executors are not personally liable for the debts of an estate, they can be held legally responsible for their actions if they are behaving dishonestly on behalf of the decedent. Creditor claims against estates are typically over an unpaid debt. The filing party must file a claim to recover the debt from the estate.

Beneficiary claims against an executor typically deal with the fiduciary duty of an executor. Beneficiaries can file against an executor if they are:

• Not paying taxes or filing in a timely manner
• Distributing assets too soon
• Making bad investment choices
• Losing property

If your claim is accepted, a probate court can remove an executor and replace them in the interest of the beneficiaries. Moreover, the court can administer penalties so beneficiaries can be awarded damages for the violations.

FAQs

Q: How Is an Executor Held Accountable in Tennessee?

A: Executors are responsible for a variety of tasks surrounding a person’s estate, including distributing assets to beneficiaries, paying debts and taxes on the estate, and taking inventory of the estate. Executors have a fiduciary duty to act in the interest of the estate and its beneficiaries. Under Tennessee law, there are legal consequences for failing to meet your obligations as an executor.

Q: How Can I Prove Executor Misconduct in Tennessee?

A: When proving estate misconduct by an executor, evidence is key. It’s important to collect relevant documents, like:

• Communication logs
• Copies of the will and other estate documents
• Financial records
• Witness testimonies
• Anything else that might support your claim

A Tennessee estate planning lawyer can assess the strength of your case and develop a strategy that secures you a fair outcome in court.

Q: How Long Does an Executor Have to Distribute Assets in Tennessee?

A: Tennessee does not have an official deadline for distributing assets, but that does not mean an executor can delay the process indefinitely. Beneficiaries are allowed to file a petition with their local probate court to urge an executor to complete the process if they’re not delaying it without a valid reason.

Q: Do Beneficiaries Have Rights Over Executors in Tennessee?

A: Beneficiaries of an estate have several rights over executors to keep them from misusing their power. They are permitted to ask for accountancy, challenge the executor’s actions, and petition for the executor’s removal. Moreover, a beneficiary can seek legal action against an executor if they may be mismanaging an estate.

Consult a Tennessee Probate Attorney About Your Case Today

If you’re a beneficiary and suspect an executor of mismanaging a loved one’s estate, you’re entitled to seek legal action and recover damages for the losses you’ve suffered. While the process can seem overwhelming, it’s entirely possible to challenge a negligent executor, especially with a Tennessee estate planning lawyer on your side.

Our attorney, Shanone Emmack at Emmack Probate and Estate Law Group, can assert your rights as a beneficiary as well as the rights of the decedent, as it’s their assets being misused. If you’re considering filing a claim against an executor, talk to an attorney about your situation in detail today.