Legal Question in Wills and Trusts in Tennessee

My father made a living nd last testament will nd he said i could not b on it because iam not provin to be his real child nd that I dnot have the same legal last name as him nd that I will need a DNA test done in order to be in his will but everyone knows I'm his is this true?


Asked on 1/28/15, 1:51 am

1 Answer from Attorneys

Dan Scott Scott Law Group, PC

If you are talking about a will that leaves his property upon his death then he can leave it to anyone even those that are not related by blood. So he could leave a portion to you. The only thing he can do is disinherit his wife (if he's married) because under Tennessee probate law she is entitled to a portion of his estate.

If he died without a will, then in order for you to receive property as an heir you'd have to prove relationship by blood (probably by DNA), but this is not the case if he does a will.

Hope this is helpful to you.

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Answered on 1/28/15, 6:31 am


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