What is my stepmother entitled to if she was not named in my father’s Will?

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What is my stepmother entitled to if she was not named in my father’s Will?

My dad remarried after my mom died.He was married for 6 year. before he died. His wife was not named in his Will but I (his son) was named as sole heir. The lawyer for his estate is telling me that she gets all personal property and 50% of the proceeds of the real estate. Is this true?

Asked on January 31, 2014 under Estate Planning, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Omitted Spouse: If a will fails to name or provide for a spouse, the spouse must receive a portion of the testator's estate as provided by Tennessee law, unless it appears either from the will or from other evidence that the omission was intentional. From what you have written, it seems that the stepmother gets a certain percentage of your father's estate. I suggest you consult with your own legal counsel. One in your locality can be found on attorneypages.com.


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