Q: Father died with a will. Who gets his personal assets?
Father left house to one of his kids and lifetime residence to spouse via a will to avoid probate. Assets on the property were not addressed in the will. Lawyer said assets do not belong to the child who inherited the house and should be divided amongst spouse and other children. Is this correct?
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- Tennessee
- (865) 637-3035
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- Answered
A: If the Will is not probated, it has no effect. And the purported Will probably does address both real and personal property. Without the Will being probated, the Heirs At Law own the real property and the Next of Kin (same as heirs) own the personal property. With no Will, the Heirs are all Tenants In Common, with the Spouse owning at least 1/3.
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- Tennessee
- (931) 250-8585
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A: Most wills do have a "residuary clause" to address assets not specifically mentioned, but if your father's will does not have such a provision, then those assets pass according to the laws of intestate succession, meaning the assets not specifically mentioned in the will most likely pass one-third to the surviving spouse and the balance to the children in equal shares. It sounds like what the lawyer told you is correct.
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