Brownsville, TN asked in Estate Planning for Tennessee

Q: in Tennessee can property be willed to a wife without her husband

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1 Lawyer Answer

A: Yes- if I understand your question correctly. The statute which defines "marital property" and "separate property"

provides that property acquired by inheritance is separate property, and separate property is NOT subject to division ( splitting up) in a divorce case. In other words, if a third party dies, and leaves something to a married woman, the husband of that woman does not automatically own half of the asset just because they are married. you should consult an experienced probate lawyer for specific advice on your situation.

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