If my late brother had a Will but missed listing some property and bank accounts in it when he had it drawn up, what happens to those items?

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If my late brother had a Will but missed listing some property and bank accounts in it when he had it drawn up, what happens to those items?

He left it to 4 sisters, 1 nephew, 2 nieces and an illegitimate son that the family didn’t know existed for over 30 years. The son is saying that he should get all those items in addition to what he already has been given. What will the courts say?

Asked on February 5, 2015 under Estate Planning, Tennessee

Answers:

Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 6 years ago | Contributor

There are usually provisions in a will that determine how property that is not specifically listed will be distributed.  Ususally called a residual clause that names all other property he owned at the time of his death.  You need to see how each of these assets are titled or whether they have beneficiaries named.  If they are either joint, have a beneficiary named or are TOD or POD, then they will pass outside of probate and the will will not apply to those assets.  


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