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Brothers' Children Excluded From Inheritance/east Tennessee

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lollypopno1

Junior Member
What is the name of your state? Mississippi (Residing)/Tennessee
Trying to assist nephew in East Tennessee. My brother passed away 01-09-05 and failed to leave a written will (only left spouse and children a cassette tape individually). Together, they had 2 biological children and 1 adopted child, all of which are now grown. It is unknown as to whether there were survivorship deeds on any of his property. My brother owned a large log home on a lot; a small cabin on a lot; a double-wide mobile home on a lot; and a lot that he inherited by my parents (that was previously willed to me until I agreed that my brother could have it in lieu of inheriting family property in another state)with stipulations that the lot go to his son (my nephew) upon his death. In addition to other personal possessions, he also owned 3 vehicles and a significant life insurance policy. Immediately upon my brother's death, his spouse put 2 of the vehicles up for sale (antique car sold, but nephew eventually took the other vehicle against his mother's wishes, when BOTH vehicles were intended for him). She also sold the smaller cabin w/ lot to her sister. The mobile home w/ lot was repossessed. She is now getting remarried and forced her son (my nephew) to move (he was living with her in the large log cabin as my brother would have wanted). It is now questionable as to what has happened, or what will happen to the inherited lot (given to my brother by my parents) that should have been given to my nephew. When my nephew asked his mother for the vacant lot earlier this week, she replied that she would have to ask her sister. The bottom line is my brother's children received absolutely NOTHING. It is our opinion that even though my brother had a very good business head when he was in good health, he obviously didn't leave a written will for a reason (only cassette tapes) and all of my family members were very aware that my brother intended for his children to receive a child's part. It is my understanding that he specified a child's part to his spouse and children on the mentioned cassette tapes. What are Tennessee laws when a written will wasn't left? Could it be possible that he didn't leave a written will because he wanted his spouse AND children to receive a child's part (as stated on cassette tapes he left them)? Do cassette tapes have any legal weight? Without a will, did the spouse have full right to dispose of property (outside the family) if there were no survivorship deeds? There are probably other questions that I don't even know to ask. If there is anyone who can assist me with these questions, specific to Tennessee, laws, I would appreciate it. I can also be contacted by E-Mail: [email protected] or [email protected]
Thank you so much!
 
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What is the name of your state? Mississippi (Residing)/Tennessee
Trying to assist nephew in East Tennessee. My brother passed away 01-09-05 and failed to leave a written will (only left spouse and children a cassette tape individually). Together, they had 2 biological children and 1 adopted child, all of which are now grown. It is unknown as to whether there were survivorship deeds on any of his property. My brother owned a large log home on a lot; a small cabin on a lot; a double-wide mobile home on a lot; and a lot that he inherited by my parents (that was previously willed to me until I agreed that my brother could have it in lieu of inheriting family property in another state)with stipulations that the lot go to his son (my nephew) upon his death. In addition to other personal possessions, he also owned 3 vehicles and a significant life insurance policy. Immediately upon my brother's death, his spouse put 2 of the vehicles up for sale (antique car sold, but nephew eventually took the other vehicle against his mother's wishes, when BOTH vehicles were intended for him). She also sold the smaller cabin w/ lot to her sister. The mobile home w/ lot was repossessed. She is now getting remarried and forced her son (my nephew) to move (he was living with her in the large log cabin as my brother would have wanted). It is now questionable as to what has happened, or what will happen to the inherited lot (given to my brother by my parents) that should have been given to my nephew. When my nephew asked his mother for the vacant lot earlier this week, she replied that she would have to ask her sister. The bottom line is my brother's children received absolutely NOTHING. It is our opinion that even though my brother had a very good business head when he was in good health, he obviously didn't leave a written will for a reason (only cassette tapes) and all of my family members were very aware that my brother intended for his children to receive a child's part. It is my understanding that he specified a child's part to his spouse and children on the mentioned cassette tapes. What are Tennessee laws when a written will wasn't left? Could it be possible that he didn't leave a written will because he wanted his spouse AND children to receive a child's part (as stated on cassette tapes he left them)? Do cassette tapes have any legal weight? Without a will, did the spouse have full right to dispose of property (outside the family) if there were no survivorship deeds? There are probably other questions that I don't even know to ask. If there is anyone who can assist me with these questions, specific to Tennessee, laws, I would appreciate it. I can also be contacted by E-Mail: [email protected] or [email protected]
Thank you so much!
The first thing you need to answer is who was appointed executor by the probate court. If there was no will, then someone needed to be appointed by the court to distribute the assets of the deceased, after taxes of course. Any titled assets that were "joint tenant with right of survivorship" passed outside of probate and were immediately the property of the survivor. Also, in most states the spouse is entitled to 25% to 33% of the intestate (without a will) estate and the children divide the remainder equally.
 

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