Legal Question in Wills and Trusts in Tennessee
Father's Estate goes to Son or Second Wife?
I grew up with my Father and Stepmother. My stepmother was
physically and emotionally abusive. She and my Father fled
the state of WV with me and moved to TN. They told me that
my stepmother was my real mother and my biological mother,
who had visitation rights and would see me weekly, was my
'babysitter'. They told me of the truth when I was 15. My
stepmother not only was abusive, but did everything she
could to keep my Father and I separated. She kicked me out
of the house when I was 17.
I learned yesterday that my Father passed away 2 years
ago! No one contacted me to tell me of this. I also know
my father inheirited quite a bit of money from his parents
just 3 years prior to his death. Am I entitled to any of
it? And if so, what do I do about this?
2 Answers from Attorneys
Re: Father's Estate goes to Son or Second Wife?
Probably the first thing you want to find out is whether or not your father died with a valid will or did he die without one. This should be public information in the state in which he died in. At this point, we can find out if you were named in the will, what the assets were in his possession at time of death, and/or whether or not you have a claim thru intestate succession to any of these assets or not (this means dying without a will and the state devises a formula in which you may receive a portion of your father's estate). if you would like further assistance, email me directly with additional facts of your case.
Re: Father's Estate goes to Son or Second Wife?
Did your father leave a will? Were you named as a beneficiary. Was an estate opened and the will probated and is there satisfactory proof of notice to you if you were a named beneficiary. If there was no will, under the laws of intestate succession in TN, you have standing. Whether or not your claim to such estate may be exercised depends on a lot of other facts that are not reflected in your question. Your stepmother also has standing. Again, it's all fact sensitive. However, do not wait any longer. I suggest that you immediately contact an attorney in TN who can begin investigating what your legal rights and remedies may be, even 2 years down the road. Any further delay may time-bar you from asserting any claim you may have.
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