If my father recently died and didn’t have a Will but he was married, what happens to his belongings including his house?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my father recently died and didn’t have a Will but he was married, what happens to his belongings including his house?

His wife is not my mother.

Asked on August 1, 2014 under Estate Planning, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your  father's spouse (his wife) and his descendents (e.g children and grandchildren, if any) will share in the estate (your father's property), subject to the following:

1) Anything owed jointly between your father and his wife (e.g. a joint bank account; property owned jointly) becomes hers as the surviving joint owner--it doesn't pass through intestate succession (the rules for who gets what, when there is no will).

2) The wife cannot get less than 1/3, no matter how many descendents there are, of the intestate estate (in addition to any joint property that becomes hers).

3) If there is a life insurance policy with named beneficiaries, it goes to the beneficiaries.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption