Legal Question in Wills and Trusts in Tennessee

My spouse and I are making out seperate will that are identical in content.we are leaving everything to each other and do not want anything going to a "new spouse" in the event one of us dies and the other remarries.We think this will protect the surviving spouse and the adult children of surviving spouse. Also, we do not want our children to have any control over the surviving spouse to force a selling of the home to gain control of the dead parents share(the children's part?) However, if the surviving spouse wishes to sell the home, we do not want any proceeds going to the adult children until both parents are deceased. Is this possible and legal? What is this type will called? Do we need a lawyer? What does a lawyer cost?

Asked on 8/18/09, 11:32 am

1 Answer from Attorneys

Tim Ferraris Tim Ferraris, Attorney at Law

If your will states that your entire estate will pass to your surviving spouse, then the children will not have any control in order to force a sale of the home.

Your plan is both possible and legal. It doesn't have a name, however, it is very basic.

You do not NEED a lawyer to create your will, but I would recommend you hire one. Fees vary greatly.

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Answered on 8/18/09, 3:31 pm

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