MIf mfather died a few months ago and was married, who gets the house his wife or his children?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
MIf mfather died a few months ago and was married, who gets the house his wife or his children?
He had a house in his name only.
Asked on August 4, 2010 under Estate Planning, Tennessee
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If your father left a will, the provisions of the will determine who receives the house. If your father died without a will, the rules of intestate succession are applicable to determine the disposition of his estate. Intestate means dying without a will.
If your father did not leave a will, intestate succession would result in the surviving spouse receiving the house. If there had not been a surviving spouse, each child would receive an equal share of the house. For example, if there were three surviving children, each child would have a 1/3 interest in the house. If there were three children, but only two survive, and the deceased child had children, those children (grandchildren of your father) would divide the 1/3 share their parent would have received if the parent had survived. The other two surviving children would each receive their 1/3 share of the house as in the previous example.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The answer is both, if there is no will. When there is no will, an estate passes by what is called "intestate succession." Intestate succession sets our priorities for which relations get what. Each state has its own laws on the subject.
In Tennessee, if there is a surviving spouse and also surviving children, if there is one child, I believe the child and spouse each get 1/2 the estate. If there are 2 or more children, I believe the spouse gets 1/3 and the children split the balance. However, this would be a good thing to consult with a trusts and estates attorney about, to verify how intestate succession will play out in this specific case. Good luck.
31
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.