Legal Question in Wills and Trusts in Tennessee
My aunt recently died. My father was one of the heirs in her will. My father is deceased but my mother is still living. Who will get my father's part of the inheritance, my mother or me. (I am an only child of my father.)
1 Answer from Attorneys
Who will be entitled to receive your father's share of your aunt's estate depends entirely upon the language used in her will.
For example, if your aunt left a share of her estate to your father "per stirpes" then your father's children receive his share - in your case, this would mean you receive his share as you have no siblings. If the term "per stirpes" was not used in connection with your father's share, then it is possible his share will be distributed among the other heirs named in the will.
It's also possible that your aunt's will stated specifically what was to happen to your father's share if he predeceased her. Unless your mother is named specifically in the will, it is unlikely that she would be entitled to your father's share of your aunt's estate.
Without knowing exactly how the language of the will is drafted, it's not possible for me to provide a more specific answer to your question.
Best regards,
Caitlin Moon
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