I need help with two issues regarding my father's estate. He died in 2006 in TN. He was not married at the time of his death but he was living with his ex-wife at the time of his death. She filed a lawsuit in 2008 against the Executor (a bank) for allowing the COBRA insurance premiums to lapse. That lawsuit is the only thing prohibiting the closing of the estate. It has been scheduled for trial 13 times but then canceled due to her health.I want to file a motion to close the estate. The lawsuit is against the Bank (not the estate) for negligence. Since the executor is the one who failed to pay the premium they shouldn't hold the estate up and if the judge decides the premium should have been paid, then they should pay.I need to know the language to include in the motion:1. Statute for closing the estate.2. Statute asking for a final accounting, and requesting that the executor not charge the expenses he spent litigating the matter.3. ANy statute referencing negligence by executor.4. Statute that allows beneficiaries to request partial distribution if it's been over 18 months.And anything else I coul1d include.* * * * * * * * * * * *The second issue is that I previously hired an attorney to get some action in unsettled matters. I filed a motion for attorneys fees. The attorney I consulted with to represent me told me there wasn't a hearing scheduled on the day it was actually scheduled. I was a no show and the matter was argued without me. Of course my request for fees was denied. Now I want to file a new motion. I need a statute or local rule to cite. (That the fees I spent inured to the benefit of the estate, so I can get reimbursed.) or whatever else.* * * * * * *Also, I'm planning to file this as a Motion but want to be sure I do the right thing. Please explain Motion vs. Petition.Thanks.
State/Country relating to question: Tennessee
Filing Pro Se
Consulting with an attorney who let it fall through the cracks
Not necessarily. What does the bank say about why they didn't pay the Cobra insurance?
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