Hello. This is for the state of Tennessee. Inheritance issue.

Question

My elderly father lost my mother in January after 65 years of marriage. I am an American living in China and he just told me today that he is marrying another woman (July 16). I am an only child an am concerned that when my father dies, that this woman (whom I do not know at all) will contest the will and take at least half of my father's estate, even though there is a will with myself as beneficiary. If my father does not change the will, is this woman entitled to anything? The estate itself is probably worth about $1.2 million dollars. I can also add that this woman is 71 years old, a widow and has no children (thankfully) who according to my father, has her own money to live on without his estate. 
 
If my father doesn't change the will, can this woman contest it as a spouse? 
 
Thank you.

Anthony M. Avery · Answer

In Tennessee you cannot disinherit a surviving spouse.  If a Will is Probated, then the Spouse can elect against it and get a third of the net Estate in addition to a year's support, etc.  If no Will is Probated, then the surviving Spouse takes at least a third of the Estate, in addition to other  
assets (much like electing against the Will).   Try to talk him into conveying a Remainder interest in land to you now by Deed with him retaining a Life Estate,  and possibly entering into a Pre-Nupital Contract with her prior to marriage.  Also try to get him to not change Life Insurance Policies.  Ask him to not put her on his Bank Accounts, and to not give her a Power of Attorney.  And yes she will have standing to contest a Will which does not include her, as she can take from an Intestate Estate.

Q: Hello. This is for the state of Tennessee. Inheritance issue.