Tennessee  |  Wills and Trusts

Legal Question

Asked on: 9/30/09, 12:41 am

My husband's wife died about 8 years ago and we married almost three years ago, He sold his home and moved into mine. He is now very sick and is not expected to live more than a year. His children were not speaking to him when I came along. He had a heart attach 1.5 years ago and they did not visit or call. He became termanlly ill with brain cancer and the only thing they have ask is what they are going to get. My husband made a will and left me his life insurance and really had everything to me but after he got ill I made him change his annunities and IRA to his children. We also combined our house money in joint accounts so that we could save up enough to build. My question is if he has a will can they go back and get any of the things he specified that will go to me. He left them annunities, IRA and me life insurance and personal belongs and any money in joint accounts.

1 Answer


Answered on: 10/04/09, 5:52 pm by James Swain

I am sorry for your loss. I would check the beneficiary designation on the life insurance. It does not matter what the will says. It only matters what the beneficiary designation states.

They can always contest a will. Joint Accounts will not generally be subject to passing by will. If the bank set them up correctly they would be joint tenancy with right of survivorship.

This would mean that you would take the account without probate.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Swain Law Firm 515 E. Crossville RD., Ste 110 Roswell, GA 30075

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

70 Answers given in the last few hours.

86611 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search