Murfreesboro, TN asked in Estate Planning and Probate for Tennessee

Q: My mother passed away and as far as my siblings and I know, didn’t have a legal will. In Tennessee, spouses and children

Are supposed to split the estate “evenly” with the spouse getting at least 1/3, but we know we didn’t get our shares considering his lifestyle and what we received. He has a girlfriend who has offered to invest money if he included in his will that my siblings could still own the house, while she lived in it. If he wrote that he wanted her to live in it after his death, would we, as owners, have to oblige by that or can we do what we want with the house such as selling it?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: You are confusing intestate secession with the home's title, which may or may not be defined by intestate secession. If Mom bought home with spouse, then it is probably Tenants By The Entirety, that is he owns it period. You might check title carefully, as they may not have taken as husband and wife. He may have no interest at all except that of dowry/homestead, and partition may be in order.

Tim Akpinar agrees with this answer

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