What is the division of an estate for a second wife and children from a previous marriage?

When someone dies without a Will they are said to have died, "intestate".  This means that the intestacy laws of the state where the decedent resided at the time of their death will control.  Under most state statutes typically the estate is divided between the surviving spouse and children.  My research suggests that in Tennessee, in such a case, the probate estate will be distributed 1/3 to the spouse and the remainder to the children.

At this point, you should consult with an attorney in your area who can more fully explain your rights in this matter.