Louisville, KY asked in Probate for Tennessee

Q: My mom died from covid in tennessee. her will wasnt finalized. I have a stepfather and there two of us not by him.

I'm just wondering what rights I have as her daughter

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Nina Whitehurst
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Answered

A: It sounds like your mom died leaving a surviving spouse and two children born to her. If there were no other children born to her, living or deceased, and she had no will, then you, your sibling and her surviving spouse each inherit one-third of her probate estate. Keep in mind that some assets may have transferred 100% to her surviving spouse by virtue of ownership as tenancy by the entirety or beneficiary designation. It is entirely possible that she left no probate estate. A probate attorney can help you sort this out if you think that she left an estate that needs to be administered.

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