My husband died l am the next of kin l was his wife but he has a grown daughter so who gets the house me or the both of ud

I need to know what l should since l
am his widower

Asked on June 3, 2018 under Estate Planning, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no way to answer your question without more information.
1) In whose name(s) was the house titled? And if there was more than one owner, how was it owned? IF the house was owned by your husband and at least one other person as "joint tenants with right of survivorship," on your husband's passing, it went to the surviving owner(s) immediately, without becoming part of his estate. So if you and he owned it as JTROS's, it is your house now. If he and his daughter owned it as JTROS's, she owns it now.
If the house was owned by more than one person (including your husband) as "tenants in common," then the other owner(s) keep his/her/their share, but your husband's share will pass according to 2), 3), and/or 4), below.
2) Anything not owned as JTROS's (so a share of the house up to the entire house) will go by the will, if there is one--so did your husband have a will and, if so, who did he leave the house specifically or his estate (everything he left behind) generally to?
3) If there was no will, the house goes by the rules for "intestate succession." In your state, you as widower and his children share equally in the house.
4) But regardless of the above, in TN, how long you were married matters: the state's law guaranty a surviving spouse a minimum share ranging from 10% (married less than 3 years) to 40% (married 9 years or more): regardless of the terms of the will or the rules for intestate succession, you are guaranteed at least the "elective share" size based on your years of marriage.
So as you can see, the answer to your question depends on who owned the house and how; whether there was a will and what it said; and how long you were married. You may need to consult with a local probate attorney to fully understand your rights.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no way to answer your question without more information.
1) In whose name(s) was the house titled? And if there was more than one owner, how was it owned? IF the house was owned by your husband and at least one other person as "joint tenants with right of survivorship," on your husband's passing, it went to the surviving owner(s) immediately, without becoming part of his estate. So if you and he owned it as JTROS's, it is your house now. If he and his daughter owned it as JTROS's, she owns it now.
If the house was owned by more than one person (including your husband) as "tenants in common," then the other owner(s) keep his/her/their share, but your husband's share will pass according to 2), 3), and/or 4), below.
2) Anything not owned as JTROS's (so a share of the house up to the entire house) will go by the will, if there is one--so did your husband have a will and, if so, who did he leave the house specifically or his estate (everything he left behind) generally to?
3) If there was no will, the house goes by the rules for "intestate succession." In your state, you as widower and his children share equally in the house.
4) But regardless of the above, in TN, how long you were married matters: the state's law guaranty a surviving spouse a minimum share ranging from 10% (married less than 3 years) to 40% (married 9 years or more): regardless of the terms of the will or the rules for intestate succession, you are guaranteed at least the "elective share" size based on your years of marriage.
So as you can see, the answer to your question depends on who owned the house and how; whether there was a will and what it said; and how long you were married. You may need to consult with a local probate attorney to fully understand your rights.


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