My brother was left executor of my parents wills and estate. He is not following through. Thank you.

UPDATED: Oct 1, 2022

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My brother was left executor of my parents wills and estate. He is not following through. Thank you.

I want to sue him.

Asked on April 15, 2019 under Estate Planning, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As a beneficiary, you can bring a legal action against your brother in his capacity as executor to enforce his duties. This action is called an action "for an accounting," and it's what it sounds like: you ask the court to make the executor "account for" his conduct as executor--prove he is following the will's provisions, acting with reasonable haste and care, being loyal to the beneficiaries' interests, etc. If the court finds that he is not honoring his obligations, it can order him to do what needs to be done, or remove him as executor. Hiring an attorney to help you would be a good idea--this is substantially more complex than, say, filing a small claims case.

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.

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