Q: My great-aunt's will left a piece of property to her siblings, specifically stating that if any of them died BEFORE she
did then that siblings portion would go "back into the pot" so to speak and be shared equally between the surviving siblings upon my great-aunt's death. If one of those siblings has died, but did not die BEFORE my great-aunt, would that sibling's portion then go to their child after their death?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Tennessee
- (931) 250-8585
- View Profile
- Answered
A:
In Tennessee a devisee must survive the testator by at least 120 hours in order to inherit, unless there is a longer survivorship requirement stated in the will. If there is no survivorship period stated in your great aunt's will, and if the sibling survived your great aunt by at least 120 hours, then the surviving sibling's share goes to the sibling's estate, to be administered according to the surviving sibling's will, or if the surviving sibling did not have a will, then according to the laws of intestate succession.
It is not possible to answer your question about who inherits from the surviving sibling without reviewing the surviving sibling's will or, if the surviving sibling did not have a will, then without more information about what relatives survived the surviving sibling.
Anthony M. Avery agrees with this answer
1 user found this answer helpful
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Tennessee
- (865) 637-3035
- View Profile
- Answered
A: It appears that the deceased sibling's Executory Interest did vest into a Remainder Interest as a Tenant In Common. Unless there are other conditions, or the Title was not as you assumed, then the sibling's issue take his interest at his death.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
