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my father married on April 1st and passed away on May 1st without a will. my question is being married for 30 days is she considered an equal heir or an heir at all. I know some state laws may vary this is in Tennessee
Asked on July 28, 2018 under Estate Planning, Tennessee
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
Married one month, one week, or one day, it doesn't matter: a spouse is a spouse is a spouse. At the moment she became his wife, she became eligible to inherit as his wife, the same as she would have had they been married 70 years. In your state (TN), that means that she, you, and any siblings of yours will share his estate equally, with the proviso, however that no matter how many siblings you have, her share, as wife, cannot be less than 1/3.
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