Legal Question in Wills and Trusts in Tennessee
My Great-Aunt passed away in late March and her will stated that if her son had passed before her, that everything would come to my two cousins and myself. If her son was still living at the time of her death, then everything went to him. Well, two months later, her son passed away, leaving no will of his own. Do my cousins and I have any available options to pursue here?
1 Answer from Attorneys
The following response is based solely on the limited information provided in the question.
I assume that your great aunt's son was a Tennessee resident at the time of his death. If so, and he died after your great aunt, then everything in his estate (which would include whatever he inherited from his mother) would pass according to the law of intestate succession in Tennessee if he had no will. This law states that surviving relatives inherit from the deceased, in the following order: first, spouse (if no children); if children and spouse, then spouse and children share; if no spouse but children, then children share equally; if no spouse or children, then parents; if no parents, then siblings (or siblings' children if siblings are deceased); finally to grandparents (divided equally between maternal and paternal, if living), or to the issue (children) of grandparents.
So, if your deceased cousin had none of the living relatives listed above, it's possible that you and your cousins could share in his estate. Essentially, to do so you would have to be his closest living relatives.
Based upon the information you provide, because your cousin died after your great aunt, then he would've inherited her entire estate.