Legal Question in Wills and Trusts in Tennessee

I live in ohio,my father lives in tennessee,he is dying and i am his firstborn and only,he has an adopted son and a third wife,what are my rights to his estate as i am being kept in the dark?


Asked on 6/28/10, 9:23 pm

1 Answer from Attorneys

Michael McNulty McNulty & Associates

Under Tennessee law, you are entitled to at least one-third of the estate if your father does not have a Will. This is assuming that your sibling was legally adopted. If your sibling was not legally adopted, you could be entitled to one half of the estate.

If your father has a Will, the contents of the Will would determine how his estate is distributed. Your father can disinherit any members of his immediate family, excluding his current spouse. If he did not include his current spouse in his Will, she would be entitled to an elective share of his estate depending on the length of their marriage.

Your first step should be investigating if a Will exists. By having this knowledge, you will have a better understanding of what you are entitled to when he passes away.

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Answered on 6/29/10, 10:21 am


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