Legal Question in Wills and Trusts in Tennessee

My husband and I just bought a house in Tennessee. He has 4 kids from a previous marriage. Together we have 1 child. (total 4 step children 1 child legally ours through birth). If he dies with out a Will are his 4 kids entitled to the house?


Asked on 1/09/10, 7:57 am

1 Answer from Attorneys

Caitlin Moon C2Law

If you and your husband both hold title to the property, then you likely hold title with the right of survivorship. This means that upon the death of one spouse (either you or your husband), the title to the property will be vested solely in the surviving spouse. In other words, the deceased spouse's share of the house will not be part of his or her estate at death, but will pass automatically to the surviving spouse. So, if your property is titled in this way (with the right of survivorship), your husband's share will pass to you automatically at his death.

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Answered on 1/14/10, 8:05 am


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