If my fiancé is about to inherit a small amount of money from her mother’s estate, can she force an accounting of the estate?

UPDATED: Nov 5, 2013

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If my fiancé is about to inherit a small amount of money from her mother’s estate, can she force an accounting of the estate?

While she doesn’t like many of the terms of the Will and it was changed without her knowledge when her mother was not in a mental condition to do so. She does not want to contest it. Her brother has been managing the affairs of their mother for about 10 years and she suspects significant mismanagement and even outright fraud regarding the amount of money that is left in the estate. She had never been allowed to be involved in any of these matters. Is there anything she can do to force an accounting of the money and property? She is very afraid any action she takes will result in him punitively giving her even less since he is the executor and POA.

Asked on November 5, 2013 under Estate Planning, Tennessee


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you contest or challenge,  make sure there is no provision disallowing it becsuse it can disqualofy her from getting anything.  If no provision, then go ahead and contest in probate court and ask for an accounting and refund.

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