What am I entitled to from my father’s estate?

He died without a Will. He is survived by a wife not my mother, myself only child and 2 grandchildren. How much of his estate do each of us get? he lived in TN.

Asked on April 7, 2017 under Estate Planning, Illinois


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

When somone dies in"intestate" (i.e. without a Will) the law of the state in which the deceased was domicild at the time of their death controls. In TN, if the deceased leaves a survivng spouse and children, they equally share the  estate but the spouse’s share may not be less than 1/3.

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