What to do if 2 of the 3 aunts and I are heirs to my aunt’s estate and are upset in the way my cousin, the executor of the estate, is distributing personal items from her home?

My oldest aunt, her mother and my cousin are giving to whom and what they want to and keeping for themselves most of the belonging. Also, they have crated all her clothes in their garage and not declaring her valuable jewelry they put in the trunk of their car while my aunt was passing. Can they do that when the Will says they are to be sold as part of the estate? My aunt that passed had a twin sister she asked for a necklace to be returned to her that she loaned to her sister, was told no. The family knows it to be hers.

Asked on March 3, 2015 under Estate Planning, Tennessee


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I am so sorry for your loss.  It sounds to me like the Executor is "breaching" her duty to the estate, not following the wishes of your Aunt by ignoring the Will, and dissipating assets.  What you need to do is speak with some one about having her remived as the executor and fidusciary of the estate asap.  Good luck. 

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