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problem in tennessee Tennessee

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  • problem in tennessee Tennessee

    I am currently fueding with my stepmother and her children over my fathers estate.Her kids are no blood relation to my father nor myself,however she says the have a say into my inheritence.The house she lives in he owned 10 years before they met.I am his only child so should not i be the majority heir and she only gets a childs portion since they were only married 12 years?

  • #2
    You don't indicate whether or not your father had a will. You also don't indicate whether probate has been opened or not.

    If he had a will, then it will determine how his estate is to be divided.

    If he did not have a will, then the laws of intestacy for your state will determine. In that case, she's gets the greater of 1/3 or a child's share.

    Anything that they owned as joint tenant with the right of survivorship will pass to her directly outside of the probate process. So, for example, if he put her name on the house, it's hers.
    I am not able to respond to private messages. Thanks!

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    • #3
      cant find a will

      It would appear he has no will.The lawyer he used said he had no copy of a will,however he apparantly had a second lawyer and i am unable to find out who he is since my fathers widow is not talking.How do i block her from selling the estate,since she is avoiding probate court and myself can i sue for estate control?

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      • #4
        If your father had no will, then someone needs to be appointed as the administrator of his estate under intestacy. If your stepmother has been appointed as administrator, then she has a fiduciary duty to the estate. If you feel that she has breeched her fiduciary duty, you can petition the court to have her replaced as administrator. If no one has filed to be named as administrator, then you can go in to court and file. Preference, however, is normally given to the surviving spouse, so you can expect her to contest your appointment.

        Only your father's probate assets are subject to the probate process. You might want to check with the county land records office to see how the house is titled. If your father added her name to the title, then you have no claim on the house and she can sell it.
        I am not able to respond to private messages. Thanks!

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        • #5
          Another thing to point out is that you say they have been married for 12 years. Half of any value that the home gained while they were married for those 12 years would be undeniably hers even if you were named in a will as the sole heir to the home. Marital asset law would override any will requests in this case. There may be other marital asset laws that apply since TN is a community property state in which married couples equally own their assets.

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          • #6
            Tn. is not a community property state - there are nine: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, & Wisconsin.

            You can do a google search - there are many sites that list the community property states. (ie http://www.escrowhelp.com/articles/20000114.html)
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