People are commonly intimidated by legal proceedings. Even when these processes are necessary for generally non-confrontational situations, Tennessee residents can still feel immensely overwhelmed. Though probate administration can go smoothly, there is also the potential for conflict, and individuals holding the position of personal representative may have a difficult time knowing how to address these issues.

If a dispute leads to probate litigation, the executor of the estate may have questions when it comes to paying for the costs associated with litigating. In some cases, estate funds may be used, and in others, the representative may have to put up personal funds. In the latter case, when litigating issues that revolve around non-probate assets, the use of estate funds may not be allowed.

In cases in which individuals challenge a will, estate funds could be used. These conflicts may involve issues with the contents of the document, clauses within its terms or the distribution of property. However, these cases must involve probate assets, such as personal property and solely owned bank accounts. Because litigation can take time and prove expensive, having the ability to use estate funds may be a great relief to personal representatives.

Of course, the specific circumstances of a conflict could also impact whether an executor could use estate funds. When individuals who hold this position face issues during probate administration, they may worry about correctly handling the problems. Fortunately, concerned parties could enlist the help of knowledgeable Tennessee probate attorneys who could help explain when estate funds can be used and options for litigating conflicts.

Source: jerseyshoreonline.com, “Can An Executor Use Estate Assets To Pay Counsel Fees“, April 26, 2018