Hermitage, TN asked in Probate for Tennessee

Q: If I am the only living child will a court award disbursement to my deceased brother's children

There is a mortgage-free home which I assumed would automatically go to me, her daughter and POA while she lived. My only living sibling died in September 2021. She left a handwritten paper that it should be split equally between my brother and me. But I am told it is not a valid will. Would I not now be the only heir?

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Probate Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: When a person dies without a valid law, heirship is determined by the laws of intestate succession. It sounds like your mother was single when she passed. In that case the estate is split into one share for each child, living or deceased, unless a child died without any living descendants of his or her own. If your deceased brother was your only sibling, then the estate would be split into two shares, i.e. 50% to you and 50% to your brother's descendants.

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