Legal Question in Wills and Trusts in Tennessee
A lady friend of mine recently passed away with cancer.A few months prior to her death, we discovered that her husband had deceived her by getting his name on the property deed to a home she bought with her money.She had filed for divorce a few weeks before her death in order to try to get her property( or at least part of it back for her children from her first marriage). She had a will in which he promised to give her descendants back the amount of money she paid for the house - with the remaining money to go to him.The lawyer drew up a mirror will for the husband the same time as the wife's will. Upon her death, he is refusing to honor her will upon the premise that his name is on the property deed along with her's under joint rights of survivorship. Also, he is refusing to honor her attachment to her will identifying contents of her house and what family members receive specific items - also under the premise that his name is on the property deed so not only does he own the house but he owns all contents in the house. My friends children are executors of her will and they do plan to have the will probated next week. They expect their mother 's husband to fight it all the way. This was the lady's second husband - her first husband died and she had two children with her first husband(no children with the second) - and it his her two children who are trying to salvage this situation. Any thoughts on this matter? Thank you!
1 Answer from Attorneys
In regards to the personal property:
If the property was hers, then it was hers. It doesn't matter if it's located within the house.
Sounds like the only recourse as far as the house goes would be to try to get her addition of the husband on the deed invalidated in some way due to deception, etc.
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