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?


Asked on 9/13/10, 11:27 am

1 Answer from Attorneys

Caitlin Moon C2Law

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

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Answered on 9/20/10, 9:16 am


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