Legal Question in Real Estate Law in Tennessee
Wills
If a person leaves two names on an estate will in case one passes away, such as a Mother leaving her son, who is in ill health as primary beneficiary and also using her sister as secondary on the will. Then her son passes away 7 mos after his mother, does the will entitle the benefits to go to his wife or the secondary person on the will, the sister?
1 Answer from Attorneys
Re: Wills
I would need to review the will to confirm, however, it sounds like the assets under the mother's will should pass to hr son, and then the assets would pass under his will, or by intestate succession (for a person not leaving a will).
If son were living at the time that mother dies, and there was no provision in mother's will that son must survive her by 7 months or more in order to inherit then mother's property passes directly to son, and mother's will does not control the distribution of son's assets.
Forward additonal information if you have any questions.
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