Legal Question in Wills and Trusts in Tennessee

My mother just passed away without a will. There is an issue with property ownership. Would it go to her husband (she was remarried) or would it be split among her husband and her children?

Asked on 11/22/13, 2:06 pm

1 Answer from Attorneys

Michael McNulty McNulty & Associates

In Tennessee, if someone passes away without a will, there property is then divided among her remaining heirs. If they pass away with no children, it all passes to their surviving spouse. If they have a spouse and one child, their estate is divided equally. If there is a spouse and more than one child, one third goes to the surviving spouse and the remaining two thirds is divided among the surviving children. If they have a child that predeceases them, that child's children are not entitled to the deceased child's share.

With that being said, if you are wondering about real estate, most deeds between married individuals in Tennessee will contain a right of survivorship. That means that if the couple were married when they purchased the real estate, there should be a right of survivorship stated in the deed. In fact, even if the deed does not state it directly, there is a presumption that a right of survivorship was presumed. If the married persons did not want to have a right of survivorship, it needs to be stated that is their intention in the deed.

I hope this information helps clear up the confusion.

Read more
Answered on 11/22/13, 3:27 pm

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Tennessee