Legal Question in Wills and Trusts in Tennessee

If your ex-husband died without a will and he was a resident of Tennessee, then all of his property would pass according to the state's law of intestate succession. Under this law, if he was unmarried when he died, then everything passes to his children, to be divided equally among them.

His children could petition the probate court for the county where your husband resided at the time of his death, to have his estate probated. This action will give the probate court control of your ex-husband's estate, including the property that his fiance is refusing to relinquish.

I recommend that your sons contact a probate attorney who practices in that county for specific guidance on the process. They should do this as soon as possible, to prevent the fiance from disposing of the property before the estate can be opened.