Legal Question in Wills and Trusts in Tennessee
inheritance
My mother-in-law passed away in December 2000. She and my father-in-law have legal wills drawn up by an attorney. She left everything to him and he left everything to her. When they are both deceased everything goes to the two children. Upon my mother-in-law's death, my father-in-law had her will probated so that he could receive her inheritance from her mother's estate. Now his mother has passed away and he has a new girlfriend. He says he is going to give the money from that estate to the girlfriend when he marries her. Can he legally do this to his children?
2 Answers from Attorneys
Re: inheritance
It all depends on the specific wording of the will. If the will created a trust for the children, then the property cannot be given to someone else other than the children. If the will says that "I leave everything to my husband", then that is what happens and it is his property to do with as he pleases.
Re: inheritance
Probably. I got a little lost on whose mother (hers or his) and would have to read the wills and find out exactly when who died, but if it is your stuff, you can do with it whatever you wish. Check with an attorney and make sure the Court has your address correctly if you must receive notice of anything.