Legal Question in Wills and Trusts in Tennessee

Distribution of Real Estate in a Divorce

18 Months ago my husband ask me to sign our 800+ acre farm over to him assuring that it would not make any difference in ownership and that we would save on inheritance tax. Shortly afterward (without my knowledge), he made a Will and Revocable Trust leaving me a life estate on the farm but leaving the entire farm to his children at my death. Can he do that. I thought real estate belonged to both spouses regardless of whose name is on the deed and that legally, I am entitled to at least half of the farm at his death. Can I challenge the Will and Trust in court if necessary? Thanks


Asked on 4/02/06, 10:28 pm

2 Answers from Attorneys
LAURA TEK LAW OFFICE OF LAURA TEK

Re: Distribution of Real Estate in a Divorce

I got the idea that you are the second spouse and he has children from his first marriage. Right? Your assumptions about ownership were WRONG. You gave up whatever interest you had in the land voluntarily to your husband. That's a done deal. Your husband at that point can do whatever he wants with it and he did; made a trust and gave you a life estate. What he is giving you is POSSESSION of the land until your death, but no ownership rights. You gave that up yourself. It sounds like everything he did was legal; you just had the wrong assumptions about the law. You should have consulted a lawyer BEFORE you gave the land away.

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Answered on 4/03/06, 5:43 pm
Marshall Snyder Law Office Of Marshall Snyder

Re: Distribution of Real Estate in a Divorce

Despite your husband's Will, you are still entitled to a "child's part." But he has given you a life estate in the entirety of the farm so it makes no real difference unless your intentions would be to sell the farm after he died.

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Answered on 7/05/06, 12:52 am


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