Legal Question in Wills and Trusts in Tennessee

I live a house that is not in my name. It is in my husband's name and his mom's name. Where does this leave me?


Asked on 8/26/10, 3:17 pm

1 Answer from Attorneys

Caitlin Moon C2Law

I assume that you are asking what legal ownership interest, if any, you have in the house you live in. If the property is titled in your husband and your mother-in-law's name, then they are the present legal owners.

Most likely, they own the house as tenants-in-common, which means they each have a one-half undivided interest in the property. When either of them dies, then the one-half interest will pass through his or her estate (and not automatically to the remaining owner).

For example, if your mother-in-law passed away, then her interest in the property would pass to her heirs, either according to her last will and testament or by intestate succession, which is the default if a person has no will. You can read about intestate succession in Tennessee here: http://c2law.wordpress.com/category/estate-planning/

You probably will have a marital interest in the property at the time of your husband's death, based on Tennessee law at that time. Under current Tennessee law, a spouse is entitled to a child's share or one-third of the deceased spouse's estate (whichever is greater), even if a valid will states otherwise.

From your question, I'm not sure what additional information you're seeking. Feel free to re-post a more specific question, and I'll be glad to respond.

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Answered on 8/31/10, 3:46 pm


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