Legal Question in Real Estate Law in Tennessee

Who takes title if you husband passes away depends on how the property is currently titled. Your husband and his brother probably hold title as tenants in common, meaning that when one of them passes away, his share will be part of his estate.

Whether you receive title to your husband's share of the property depends on how your husband's will handles distribution of property upon his death, if he has a will. Your husband can leave his share of the property to you in his will, if it is currently titled so that it passes through his estate.

If your husband doesn't have a will, then what you receive depends upon whether or not your husband has children. If he has no children, then you would receive 100% of his estate upon his death, which would include his share of the property in question (assuming his share passes through his estate at death).

If he does have children (even if they are not your children, as well), then you would receive either 1/3 of the entire estate or a child's share of the estate, whichever is greater. For example, if you husband has one child and dies without a will, then you would receive 50% of his estate and his child would receive 50% of his estate.