How doe an estate get distributed in a re-marriage situation?

My father and mother had 3 children. My mother passed away and everything went to my father. My father remarried and had 2 more children. My father passed away 3 years ago without a will and his wife retained everything. My “stepmother” passed away 3 weeks ago without a will. My question is, how is the estate to be handled. The children from the second marriage believe they are entitled to everthing since our father died first and their mother died second. I feel since there was no will that everything should go into probate and the estate divided among the 5 children.

Asked on November 11, 2014 under Estate Planning, Tennessee

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Sorry to hear about your parents and your stepmother.

The rules of intestate succession determine inheritance.  Intestate means dying witout a Will.

You are correct that under intestate succession, your stepmother's estate will be divided equally among all five children with each child receiving 1/5 of the estate.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.