Legal Question in Wills and Trusts in Tennessee
how do you eliminate someone without a will being left?
my brother and I have a half sister that we have never had anything to do with, our dad is unfortunately her dad too, he hasnt had anything to do with her either except for the fact that he pd child support til she was 18. He died in april, no will, but had made his feelings clear to everyone that he wanted her to have or know nothing. Is there any legal way that we can keep her out of this. all shes after is money. on his death bed he requested she not even be told that he was or h ad died. please help she is trying to take over everything and really has no right to any of it. I know shes entitled to a third but isnt there another way to give her the boot? If nothing else, can we keep it tied up in court so that nobody gets anything?thanks
1 Answer from Attorneys
Re: how do you eliminate someone without a will being left?
She is entitled to 1/3 of his estate. If he wanted her to have nothing, he would have to have left a will. Anything that he said is not controlling. You have to give notice to all the heirs of the estate, so you cannot not contact her.
You probably can find some attorney who will tie it up in court, but consider that there is an advantage to spending your time enriching your life, instead of trying to make someone else's life miserable. Instead of tying it all up in court so the whole estate goes to the lawyers (then people blame the lawyers!), what about figuring out what you will do with the gift of your part of the estate to make your life better. You'll be much happier in the end.
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