What is the name of your state? TN
My mother died without a will. We opened her estate. Our father would get 1/3 of Mom's estate and the children would share 2/3 of her estate. My father died while Mom's estate was in probate; it is still open. The lawyer we have for Mom's estate said we have to open an estate for Dad's share; he too died without a will. Dad's share would be less than a small estate for TN law. Dad was self pay in a nursing home (Alzheimer's) for the last few years. There is no medicaid or Ten-Care involved. My parents had no bills. He died while he still had funds to cover his expenses. He does have a 95 Explorer, which has been sitting in my drive the last couple of years. The attorney feels because he had a car and a little cash left, which was used for his care, we need to open his estate. What I would like to know is if the 1/3 he would have received at closing of the estate needs to be moved into his estate or because he died before Mom's estate was closed does his share automatically go to his adult children without opening another probate?
My mother died without a will. We opened her estate. Our father would get 1/3 of Mom's estate and the children would share 2/3 of her estate. My father died while Mom's estate was in probate; it is still open. The lawyer we have for Mom's estate said we have to open an estate for Dad's share; he too died without a will. Dad's share would be less than a small estate for TN law. Dad was self pay in a nursing home (Alzheimer's) for the last few years. There is no medicaid or Ten-Care involved. My parents had no bills. He died while he still had funds to cover his expenses. He does have a 95 Explorer, which has been sitting in my drive the last couple of years. The attorney feels because he had a car and a little cash left, which was used for his care, we need to open his estate. What I would like to know is if the 1/3 he would have received at closing of the estate needs to be moved into his estate or because he died before Mom's estate was closed does his share automatically go to his adult children without opening another probate?