Legal Question in Wills and Trusts in Tennessee
Mother's Estate goes to Children or Second Husband
Mother passed on in '98. Step Father said all along that he plans to sign over home & property to four children of Mother but has yet to and suspected as never will. Step Father had prepared a ''quick claim'' deed but he never signed or offically recorded at court house. No Will involved. Step Father had two children before marriage to our Mother. Step Father is alive and now remarried residing at the new spouse home. If he should pass on without a Will, would we be heirs to any of his property? More importantly is do we children have any legal rights to the home & property of my mother at this point? Thanks!
1 Answer from Attorneys
Re: Mother's Estate goes to Children or Second Husband
Your mother's stepchildren do not inherit any of her estate. Since your mother left no Will, her intestate estate goes to her husband (your step father) and her biological children. From the sound of your message, the stepfather is refusing to cooperate in quit claiming a portion of the house to the biological children. The best course of action may be to petition the court in order that an estate proceeding may be opened.
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