Legal Question in Wills and Trusts in Tennessee
My husband refuses to write a will. Both our names are on the deed to our house, but he also has several bank accounts (saving, checking) in which my name is not on them. What happens if he passes away unexpectedly? Do those accounts go through probate or do they automatically transfer to me since I am his wife and we have no children? (he believes the 2nd result happens but I'd feel happier with a will outlining everything specifically or just have my name put on those accounts jointly. What will happen?
1 Answer from Attorneys
Assets that are solely in your husband's name will pass to you if you have no children, but they will pass to you through the probate process.
You are correct. Your husband is not.
If you wish to avoid probate for those assets, you should add your name to those accounts or see if they have a Payable On Death designation or death beneficiary or something similar.
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