Legal Question in Wills and Trusts in Tennessee

If one marries someone who is terminally ill, will they inherit the entire estate regardless of a written will when ill passes?

Knoxville, TN

My mom has been with her boyfriend for 10 years, and they just found out he has critical lung cancer. He is afraid he won't have the ability or clarity to make and arrange the will he wants in time of his passing. So if they get married will my mom become the beneficiary to his estate without a written will in place or will they need to make one regardless?


Asked on 5/12/14, 10:38 am

1 Answer from Attorneys

Dan Scott Scott Law Group, PC

In the event they are married at the time of your mom's death her husband would inherit through what is known as "intestate succession."

In this case he would be entitled to a child's share but no less than 1/3.

Getting a will done is pretty easy, so he may want to contact a local lawyer especially if he has children.

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Answered on 5/12/14, 6:27 pm


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