US Legal Forms
Legal Resources
Questions & Answers
Wills and Estates
Do I have rights to my deceased parents' property?

Do I have rights to my deceased parents' property?

Full question:

I am 20 and lives in Tennessee. I was born out of an embryo transfer. I lived with my parents all the time and recently they passed away without executing a will. After their death, my father’s brother said that I have no rights in their property. He further told me to leave my deceased parent’s house and hand over the property and house to him. I wish to know whether I have any rights in my parent’s property or I should leave the house.

Category: Wills and Estates
Date: 04/07/2025
State: Tennessee

Answer:

Under Tennessee law, specifically Tenn. Code Ann. § 36-2-403, a child born from an embryo transfer is considered the legal child of the intended parents. This means you are recognized as the legal child of your parents, regardless of the embryo transfer process.

Since your parents did not execute a will, you are entitled to inherit their property. Your father's brother cannot legally demand that you leave the house or relinquish the property to him. You have rights to your deceased parents' estate.

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.

FAQs

How is property transferred after death without a will in Tennessee?

In Tennessee, when a person dies without a will, their property is distributed according to the state's intestacy laws. This means the estate is divided among the deceased's legal heirs, which typically includes spouses, children, and other relatives. The distribution follows a specific order: surviving spouses and children inherit first, followed by parents, siblings, and more distant relatives if there are no immediate family members. The court may appoint an administrator to handle the estate during this process. *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.*

Who are the heirs at law in Tennessee?

In Tennessee, heirs at law are individuals entitled to inherit property when someone dies without a will. The order of inheritance begins with the surviving spouse and children. If there are no children, the spouse inherits everything. If there is no spouse, the estate goes to the deceased's parents, then to siblings, and if none exist, to more distant relatives. This hierarchy ensures that the estate is passed to the closest living relatives. *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.*

What is the order of inheritance without a will in Tennessee?

In Tennessee, the order of inheritance without a will follows this sequence: first, the surviving spouse and children inherit. If there are no children, the spouse receives the entire estate. Next, if there is no spouse, the estate goes to the deceased's parents. If there are no parents, siblings inherit, followed by more distant relatives if necessary. This structure ensures that the estate is distributed to the closest family members. *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.*

Does a surviving spouse automatically inherit everything in Tennessee?

Yes, in Tennessee, a surviving spouse generally inherits everything if there are no children. If there are children, the spouse shares the estate with them. The spouse's share can vary based on the number of children and other factors. If there are no children or parents, the spouse receives the entire estate. This automatic inheritance provides financial security to the surviving spouse. *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.*

Find a legal form that suits your needs

Browse our library of 85,000+ state-specific legal templates.

This field is required

Who are the heirs if my father died without a will?

Can I claim unclaimed property as my father's only child?

Can I inherit my adoptive father's estate without a will?