What to do if my dad died without a Will?

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What to do if my dad died without a Will?

His wife, my stepmom, went out after and made a Will saying where his estate would go when she dies. Can she do that? Also, I heard that wife would get 1/3 and rest would be divided, is that true? My brother is dead,so would his kids get a share? Plus my brother was married to a woman who had kids of her own. Would they get a share? Does adopted get same share as full blood? Finally, my stepmom has been selling his stuff, can she do that?

Asked on March 1, 2013 under Estate Planning, Tennessee

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

You should consult a probate lawyer in your area to help you preserve your inheritance and sort this out.

I do not practice law in Tennessee, so I cannot tell you about any special provisions.  In general, your stepmother will receive 1/3 of the estate.  The remaining 2/3 will be divided amongst your father's children.  Your brother's children will receive his share, but his wife's children will receive nothing.

Adopted children are treated as children for all purposes, but they must have been adopted by your father or your brother.

Your stepmother should not be selling your father's assets.  Consult a probate lawyer immediately before this situation becomes very complicated and ugly.


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