Memphis, TN asked in Estate Planning and Family Law for Tennessee

Q: What happens if someone passes away without a will?

My father passed away in November 2019, and did not have a will. He was divorced from my mother but had remarried approximately 5 years prior to his death. He had a life insurance policy, and his wife was listed as the beneficiary. I assumed his home would pass to his wife as well, but someone recently told me it should have been split between her, my sibling, and myself. He owned his home and it was paid off years before they married. I do know he added her to the deed prior to his death. I would like to know what the laws are pertaining to property if there is no will in place at the time of someone's death. He resided in Bartlett, TN. I understand it may be too late for anything to be done but would like to confirm.

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1 Lawyer Answer
Anthony M. Avery
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A: Home is probably owned by the survivor, if not, then probably close to one half is his heirs and the wife has the other half, who also receives an intestate share. Hire a TN attorney to search the title and determine heirship. As a surviving spouse, the wife was entitled to alot of any estate. You are late in looking into receiving property.

Nina Whitehurst agrees with this answer

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