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Tennessee Inheritance Laws

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ONLY4MY2BOYS

Junior Member
What is the name of your state? TN
I recently found out that my estranged father passed away a few months ago. Other than myself, I have 3 half sisters that seem to be very concerned about my presence and knowledge of his death. I checked with the county probate court clerk to inquire about his will and was informed that they had no record of his will in probate or having been probated. Did he perhaps die intestate? How can I find out? Also how can I find out about his assets and holdings, including life insurance and the distribution of his assets? In Tennessee, would I not be entitled to a childs portion?What is the name of your state?
 


FlyingRon

Senior Member
Even without a will there will need to be probate. As far as life insurance, usually that has an explicit beneficiary so it dosen't go through probate. Chances are nobody has started the proceedings, you're probably a good one to start it. You should talk to a lawyer.

If he held property solely, you can check on the status of that at the court house. That won't transfer without probate.

If there is no surviving spouse, intestate succession goes to the "issue" (you and your half sisters) equally (unless there are also grandchildren in play).
 

seniorjudge

Senior Member
Tennessee Intestate Succession Laws

If any part of a Tennessee decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate, including both separate property and the one-half of community property that belongs to the decedent. However, the amount a surviving spouse is entitled to varies as follows:

* If there is no surviving issue (e.g., child or grandchild) of decedent, the surviving spouse is entitled to the entire intestate estate.
* If there are surviving issue of the decedent, the surviving spouse is entitled to the greater of one-third or a child's share of the entire intestate estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

1. Decedent's issue. If they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by per stirpes representation.
2. Decedent's parent or parents equally.
3. Decedent's brothers and sisters and the issue of each deceased brother and sister by per stirpes representation. If there is no surviving brother or sister, the issue of brothers and sisters take by per stirpes representation.
4. If none of the above relatives are available, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the issue of the paternal grandparents if both are deceased. Such issue take equally if they are all of the same degree of kinship to the decedent and, if of unequal degree those of more remote degree take by per stirpes representation. The other half passes to the maternal relatives in the same manner. If there is no surviving grandparent or issue of grandparent on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half.

3. State of Tennessee. If there is no taker under any of the above provisions, the intestate estate passes to the state of Tennessee.

Tennessee Intestate Succession Law Fun Facts

* Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
* Relatives of the decedent conceived before his death but born thereafter inherit as if they had been born in the lifetime of the decedent (provided the new-born lives at least 120 hours after birth).
* Any person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of intestate succession (which means that the person generally doesn't get a share of the decedent's estate). If it cannot be established by clear and convincing evidence that the person who would otherwise be an heir has survived the decedent by 120 hours, it is considered that the person failed to survive for the required period. However, these rules don't apply if the end result is that the state of Tennessee gets the intestate estate.
* Tennessee's intestate succession laws can be found in Title 31 of the Tennessee Code.

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ONLY4MY2BOYS

Junior Member
Even without a will there will need to be probate. As far as life insurance, usually that has an explicit beneficiary so it dosen't go through probate. Chances are nobody has started the proceedings, you're probably a good one to start it. You should talk to a lawyer.

If he held property solely, you can check on the status of that at the court house. That won't transfer without probate.

If there is no surviving spouse, intestate succession goes to the "issue" (you and your half sisters) equally (unless there are also grandchildren in play).
Thanks for the answer, but to fully understand, I have also been estranged from my half sisters for 41 years. I know without a doubt that they do not wish for me to be involved in any way, and will stop at nothing to hide things from me. Where do I start to find his holdings and assets?
 

ONLY4MY2BOYS

Junior Member
I have checked with the county probate clerk weekly to enquire if the estate either has been probated or is in probate. The entire ordeal has been very secretive....surely there is some way to find out before contacting an attorney if the size of the estate even warrants my hiring of an attorney. My concerns are that any life insurance, financial holdings, etc. have been distributed among my sisters and their families just after his death or prior to if one of my sisters was his power of attorney as I believe she may have been. I am also beginning to think that he may have died intestate. Are there no venues available to me before hiring an attorney and beginning probate? How far back would they look at distributions and holdings?
 

Dandy Don

Senior Member
Just wait about a month or two to see if anyone opens up probate. You don't need to worry about assets being unfairly distributed--if you were named as beneficiary on any life insurance the check will come to you.
 

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