Legal Question in Wills and Trusts in Tennessee
my fathers sister recently passed away and did not have any heirs. an attorney who is also my dads nephew handled her estate. he notified my father saying he and his two living sisters were her heirs and the money would be divided between the 3 of them. he told the all what was in the papers and had them sighn them. now that everything has been sold the money is ready for distribution. my father called one of his sisters and found out that the money has been divided between 9 people, somehow the dead brothers and sisters got money and their kids have divided it between themselves. the living heirs only came out with four thousand dollars and 24 thousand dollars went to dead people for their kids? is this a legal thing to do? the only thing the living were told was that the probate judge said it had to be divided between the siblings. would this include dead siblings? we are in tennessee and this was handled in sandusky ohio
1 Answer from Attorneys
I am not an Ohio attorney, but it very well could be "legal," and distribution of estates is often handled in this manner, i.e. distribution to the children of deceased siblings, where the siblings, if living, would receive a share of the estate.
How many deceased siblings were there? This makes a huge difference.