Legal Question in Wills and Trusts in Tennessee

will dad's new wife inherit? NY Will/TN Residence

my mother in law died (age 56) in march 2000. she and my father in law live in tennessee - however, their wills were drawn up in new york (where we live) years ago, leaving everything to their two children upon their death (we have never seen the actual will). my father in law just remarried (after dating a woman for 8 weeks) - although he is still very deep in grieving. he's not in the best of health, and i'm

wondering what would happen if he passes away? would everything my mother in law worked so hard for be left to a woman she didn't know instead of to her own children as she had intended? (we're not to sure what this woman's intentions are) between property and stocks, my father in law's worth is over $300,000. my husband is uncomfortable talking to his dad about this, but i think it's important that we know where we stand if something were to happen. my mother in law was always so adamant to pay down on the house so the kids wouldn't have to......it's now mortgage free. please advise.


Asked on 8/20/01, 3:37 pm

3 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: will dad's new wife inherit? NY Will/TN Residence

If the father lives in TN, having nothing to do with NY, then TN law is applied to the terms and conditions of the will.

I suggest that you contact a local lawyer.

Mike.

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Answered on 8/20/01, 4:49 pm
Norman Nadel Norman Nadel, Esq.

Re: will dad's new wife inherit? NY Will/TN Residence

You may not like this answer.

Dad is free to write a new will; his new wife may have rights under Tennessee law; and yes the entire estate can go to a stranger.

Your husband has an obligation to talk to his father and make sure he understands that family loyalty, not greed, is the issue.

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Answered on 8/20/01, 4:52 pm
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: will dad's new wife inherit? NY Will/TN Residence

NY does not allow a person to disinherit his or her spouse. TN may have a comparable provision in their law. I, as well, think you should consult a TN attorney.

I understand that discussing wills with parents is not easy. But, your husband needs to hash this out with his father. His new wife can inherit, and may be required to inherit at least a portion of his estate. A local TN attorney will be able to advise you about this.

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Answered on 8/21/01, 7:03 am


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