Is my grandmother legally entitled to my grandfather’s estate if they divorced then reconciled but not married when he died?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is my grandmother legally entitled to my grandfather’s estate if they divorced then reconciled but not married when he died?

My grandmother and grandfather was not married at the time he passed. Even though they have lived together since before I was born. They were married to each other and divorced a couple of times. They just never remarried. My grandfather passed without a Will. Now one of the their kids is trying to take everything claiming she is his only living heir. Should it not go to my grandmother?

Asked on May 18, 2016 under Estate Planning, Tennessee


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

Answered 6 years ago | Contributor

The rules of intestate succession determine inheritance.  Intestate means dying without a Will.
Under intestate succession, the estate would go to the surviving spouse; however, since your grandmother and grandfather were not married at the time of his death, there is no surviving spouse and she does not inherit.
Therefore, the estate is divided equally among the surviving children.  If there is a deceased child who pre-deceased your grandfather and had children, the deceased child's share of the estate goes to his/her children.  If there are no deceased children who had children, and there are no other siblings, then the entire estate goes to the heir you mentioned.

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 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