Smyrna, TN asked in Estate Planning and Probate for Tennessee

Q: My father created a will. A year later he was married. In Tennessee, is a will valid after marriage?

Also, he went to his lawyer and was in the process of canceling the existing will and get a new one and unfortunately passed away before it could be completed. Lawyer claims he did not finish the process. Can the new wife contest the will?

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2 Lawyer Answers
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Estate Planning Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: Most likely - yes. Depending on the length of time they were married, a surviving spouse has certain rights to inherit ( elective share, years support, exempt Property) and a full discussion of those rights is beyond the scope of this question -answer format. You should consult an experienced family law attorney to guide you through the probate process.

1 user found this answer helpful

Frank J. Steiner
Frank J. Steiner
Answered
  • Estate Planning Lawyer
  • Nashville, TN
  • Licensed in Tennessee

A: Yes, you would be able to contest the will. However, as a Wife, you would be eligible for an elective share of the estate.

1 user found this answer helpful

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