Legal Question in Wills and Trusts in Tennessee

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.

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

1 Answer from Attorneys

James Swain Swain Law Firm

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.

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Answered on 10/04/09, 5:52 pm

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