Legal Question in Wills and Trusts in Tennessee

Re: No will - what now?

Suggest you retain a TN lawyer in the county where your mother lived. The court will appoint an Administrator now, who will determine how much you will receive now.

Re: No will - what now?

An administrator must be appointed in TN. You are entitled to your share after the estate is settled.

Re: No will - what now?

Your right to the intestate succession began with your mother's death, not your stepfather's, and depending on the length of her marriage to him, that is subject to a sliding scale of distribution. Therefore, you can assert your rights against her estate but you will need to do so in Court.

Re: No will - what now?

What you can inherit by intestacy depends upon how your mother's assets were registered. Joint assets (those in her name with your step-father) pass outside intestacy and belong to the surviving joint owner. Only assets in your mother's name alone qualify as intestate assets that you participate in, to the extent of 1/3. Someone needs to be appointed as administrator of her estate (this would probably be your step-father) and then arrange to administer her estate. He is required to report to you on her assets, expenses and any taxes that might be due. You are entitled to 1/3 of her liquid assets other than real estate (your step-father has a life estate in real estate), which cannot be sold until he dies.