Asked in Family Law and Legal Malpractice for Tennessee

Q: Legal heir can be newly added after 1year in an given certificate. By showing new guideline given.

Sir my friend husband passed in 2021 .actually his father supported her to legal heir certificate by adding mother widow and son and get legal heir certificate in 2022 Feb month then they split their shares given by insurance company. Now his father asking for a share that he has rights in new go guidelines and send notice for us. In the go clearly mentioned 90 days for changing name and correction. Is this possible to cancelled or add a name to given legal heir certificate by RI after 1 year sir.

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1 Lawyer Answer
Anthony M. Avery
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Answered

A: I do not know what a heir certificate is, but you are probably talking about an affidavit of heirship that determines a decedent's heirs under oath. Also I do not know what a go guideline is. If this is some type of TN child support, it has nothing to do with insurance already paid out after an obligor dies. The father will probably have to sue the insurance company as well as the paid out beneficiaries. His breach of contract suit will be difficult and probably unsuccessful.

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