Greeneville, TN asked in Uncategorized for Tennessee

Q: Intestate Laws in TN.

My grandmother has a home, 2 mobile homes, and some land. My father was in line to receive a mobile home and the land it was on. My grandmother's husband died and 3 out of her 4 children died as well. Her last surviving child has a wife that I'm not sure intends to allow us to get what was verbally (I know that's not legally binding) promised. I don't believe there is a Will. I have two questions: 1. If she dies and the state divides it up, will I be receiving any portions of it that were intended for my father or will her sole surviving child receive it all? 2. If there is a Will and he is listed and it has not been updated (she is now mentally unfit), would I be receiving what was intended for him?

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

A: You are asking too many questions for this forum. The Grandmother's heirs will take the real property, which is probably her issue or if deceased, their issue. If she has a Son surviving, and the deceased children have kids, the Son takes a share and the Grandchildren take what their parent would have taken, all becoming tenants in common. This is Intestate Secession, the law in TN not the State dividing up anything. Surviving Spouses will also share with the issue. If a Will is Probated, it will devise the properties to whatever devisee the Testatrix wants. If competent at Will execution, that is what counts.

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