Full question:
My wife’s mother just died in Tennessee without a will. Her property is in her mother's name. The house on the property is in her mother's and surviving father in law's name. What rights to the estate does my wife have? She was working on a new will but died without signing it.
- Category: Wills and Estates
- Subcategory: Will Contests
- Date:
- State: Tennessee
Answer:
The purpose of a will is to permit the living to provide for those who come after him or her and allow an individual to control the way their property is distributed after their deaths. If an individual dies without a will, however, his or her estate passes to the individual’s heirs according to state intestate laws. An intestate estate is any part of the estate of a decedent not effectively disposed of by his will, which passes to his heirs as prescribed in the applicable state's laws of intestate succession. Under the intestate laws of succession, the spouse and heirs will receive property by the laws of descent and distribution and marital rights in the estate which
may apply to a surviving spouse. Each state has an intestacy law which specifies who is to inherit property in the absence of a will.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
