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Intestate problem

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child of law

Junior Member
What is the name of your state (only U.S. law)? Tennessee

I had an aunt that died recently. She died without a will. She did not have a spouse nor did she have any children. She has one living brother who has a wife and several children. She had 3 other sisters who are dead, but have children. One of the children of the living brother has been the conservator, and will probably be the executor. My question is -how will the estate be divided up? Will it all go to the living brother ( who I might add is about to die himself), or will some go to him and some go to the nieces and nephews? Thank you for any help you can give me.
 


latigo

Senior Member
There is no “intestate problem”.

The Tennessee Code makes it clear that if there is no will, no surviving spouse, no surviving children or their issue, and no surviving parent, the estate would be distributed to brothers and sisters with the issue of any deceased bother or sister taking by right of representation.

Tennessee Code Title 3 Descent and Distribution Section 31-2-104 “Share of surviving spouse and heirs"
 

child of law

Junior Member
Here is another issue I am wondering about. One of my cousins (child of the living brother) has been the conservator of my aunt's (the one that died) affairs. She handled my aunt's finances and I assume has power of attorney. I'm sure she will be appointed executor or my aunt's estate. Will my cousin receive a fee for being conservator and executor? Will the court say how much, or does my cousin ask the court for a certain amount? Also can I view court records and financial information through the courts where my cousin has asked the court for various proceedings? How do I find out about that information? Is it in Chancery Court?

Thanks again for the great information on this forum.
 

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