Legal Question in Wills and Trusts in Tennessee
My Grandfather died and my mother died before him we believe without a will. are her children heirs? How do we assure we are not left out during the probating of his
estate?
1 Answer from Attorneys
Who died without a will? This is crucial information. I will respond, however, assuming that both your mother and grandfather died without a will. If your grandfather had a will, then the following response will not apply - if this is the case, you should repost your question, and clearly identify who had a will.
If your grandfather had no will, then his estate is divided between a living spouse (who receives a child's share or 1/3rd of his estate, whichever is greater) AND his children, who each receive an equal child's share. If a child is deceased - as in the case of your mother - then her share would pass to her living children, in equal shares.
I hope this information is helpful.
Best regards,
Caitlin Moon