Is there anything that a beneficiary of a joint Will can do about an incompetent executor?

My father committed suicide 7 months ago and left a joint Will to his wife, late marriage. Everything left to her untilshe passes obviously with a loint Will. We found out today that her grandson is stealing from her with her knowing, bank knows also about fraud checks, remodeling the house, and now dating a guy that is 25 years younger with a record, bankruptcy, ect. Her daughter, a beneficiary like myself, just called and is worried she is blowing through all my father assets and might get taken by this guy.

Asked on September 22, 2011 under Estate Planning, Tennessee


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

Answered 9 years ago | Contributor

I am so sorry for your loss.  I think that the way that you have described your step mother may be incorrect in this context.  An incompetent executor would be one that is not properly administering to the estate in some way.  But what I think here is that the assets passed to your step mom and what is left will go to you and your step sister.  There could be nothing left.  If your Dad left everything to your step mom then it is hers to do with as she pleases.  If she does not care about the fraudulent checks then you may not be able to do anything about it.  You are contingent beneficiaries - contingent on receiving funds but if there are none, then you are out of luck.  Speak with an attorney in your area on the matter and bring the Will.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.