What to do if my brother recently passed without a Will?

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What to do if my brother recently passed without a Will?

He was married and had a child (32) with another woman. Does this child have any claim on anything from his “estate” or should it all go to the spouse?

Asked on October 1, 2013 under Estate Planning, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country the surviving wife and child of your brother have a claim under the state's intestacy laws in certain percentages. I suggest that the widow and child consult with a Wills and trust attorney about how to probate the brother's estate in the near future.


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