Legal Question in Civil Litigation in Tennessee
Estate
My son's grandmother is in a nursing home, gravely ill and not expected to recover. She is divorced and her only child died in 1992. She has 2 grandsons - my son and his half-brother. The half-brother is currently living in her house, with his wife, 2 stepchildren and one child of his own. He wants to bring his grandmother home to live with them and told my son that if Granny dies at home he will automaticly inherit her house, but if she dies in the nursing home they will have to auction the property and split the proceeds. I don't think she has a will. Can you tell me if this is true and what will probably happen to Granny's property after she's gone?
2 Answers from Attorneys
Re: Estate
NO THAT IS NOT TRUE. WHETHER SHE RETURNS HOME (WHICH SHE WON'T) OR STAYS IN THE NURSING HOME, IF SHE HAS NO WILL, EVERYTHING SHE HAS WILL GO TO HER GRANDCHILDREN EQUALLY. THE HOUSE WILL BE OWNED BY BOTH YOUR SON AND THE OTHER GRANDSON. BOTH WILL OWN IT BY THE LAWS OF "INTESTATE SUCCESSION". THE HOUSE WILL NOT BE AUCTIONED OFF UNLESS THERE IS A BIG BILL OWED TO TENNCARE. IF SHE HAS BEEN IN A NURSING HOME RECEIVING NURSING HOME MEDICAID (TENNCARE), MOST LIKELY NEITHER GRANDCHILD WILL GET ANYTHING BECAUSE TENNCARE WILL MOST LIKELY TAKE THE HOUSE AND SELL IT AND KEEP THE PROCEEDS TO PAY BACK THE STATE OF TENNESSEE.
Re: Estate
Your son's grandmother has no children and will be survived by no husband or children but will be survived by two grandchildren. She apparently has no Will which means she will die intestate. Under Tennessee law, the heirs will be the two grandchildren. Due to the fact that she is in a nursing home, she may be receiving long term nursing home care through Tenncare. If that is the case, Tenncare may very well seek to claim the residence to pay off the nursing home bills once she dies. That may be a court case in and of itself.
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