Full question:
My husband died 5 years after our marriage. He had executed a will before his death but left no properties for me in his will. Can I claim some of my husband’s property despite his will?
- Category: Wills and Estates
- Subcategory: Elective Share of Estate
- Date:
- State: Tennessee
Answer:
Yes, you can claim an elective share of your deceased husband's property. Your share is based on the length of your marriage. Since you were married for five years, you are entitled to twenty percent of his net estate.
To claim this elective share, you must file a petition in court within nine months of your husband's death. You can refer to the relevant law, Tenn. Code Ann. § 31-4-101, which outlines your rights as a surviving spouse.
The law states that the elective share amount is determined by the length of marriage. For marriages lasting three to less than six years, the surviving spouse is entitled to twenty percent of the net estate. The net estate includes all real and personal property, minus certain debts and expenses.
If you need to take action, ensure you file the petition within the specified time frame to protect your rights.
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.