Inheritence laws

[sjthelen]

What is the name of your state (only U.S. law)? TN
My father owns a substantial piece of property that has been in the family for generations. He has a girlfriend that has moved in with him for the past 5 years. he has no will. Does she stand to inherit the property? Is there a point at which she would say they live together 20 years? I have a good relationship with my father but he is difficult about the no will issue. I also do not trust the girlfriends intentions.

On another note, if she is not entitled, what problems will arise due to the lack of a will. many people tell me that the state or lawyers will get it all.

thank you for any advice.What is the name of your state (only U.S. law)?

 

[Silverplum]

What is the name of your state (only U.S. law)? TN
My father owns a substantial piece of property that has been in the family for generations. He has a girlfriend that has moved in with him for the past 5 years. he has no will. Does she stand to inherit the property? Is there a point at which she would say they live together 20 years? I have a good relationship with my father but he is difficult about the no will issue. I also do not trust the girlfriends intentions.

On another note, if she is not entitled, what problems will arise due to the lack of a will. many people tell me that the state or lawyers will get it all.

thank you for any advice.What is the name of your state (only U.S. law)?

You don't need to trust anyone: it's not your property. Your father doesn't answer to you on this issue, or, frankly, any other.

But because I'm quite sure you want more answer than that:
http://lmgtfy.com/?q=TN+estate+law

 

[Antigone*]

You don't need to trust anyone: it's not your property. Your father doesn't answer to you on this issue, or, frankly, any other.

But because I'm quite sure you want more answer than that:
Let me google that for you

Heck, if he feels like it, he can will his property to his cat

 

[sjthelen]

Oh my! I guess you guys are right. Sucks for me and his grandchildren I guess.

 

[Silverplum]

Heck, if he feels like it, he can will his property to his cat

I'd leave mine to my hounds. They have pleasant attitudes and are happy to see me.

 

[sjthelen]

The point of my question was if she, as a girlfriend, would inherit the property. He doesn't have a will to a cat or otherwise.

 

[Antigone*]

The point of my question was if she, as a girlfriend, would inherit the property. He doesn't have a will to a cat or otherwise.

If he leaves it to her, then she will. In any case, it is none of your legal concern how your father handles his affairs. You gave him advice. He has chosen to ignore you.

 

[anteater]

many people tell me that the state or lawyers will get it all.

And...

I would suggest that you avoid taking advice from these "many people."


And just because I am such a sweet, gentle person, here is a calculator for TN intestate succession:

http://www.mystatewill.com/states/TN/TNintcalc.htm

 

[Zigner]

However, to answer the OP's specific question. The mere act of living with the guy as his gf does not grant her any rights to the belongings/property.

 

[Mass_Shyster]

Tennessee does not recognize common law marriage, so girlfriend does not inherit intestate.

I also don't believe that an estate can be left to a cat, as a cat cannot own property (real or personal). Many people have tried, including setting up trusts with their pet as beneficiary, however the last time I checked, no state permitted property (the pet) to be named as a beneficiary.

As to the choice of dogs vs. cats, the Red Dog commercial said it best: "I don't like cats, but you gotta admire their attitude".

 

[tranquility]

I agree about the marriage, but, Ms. Kitty?

Tenn. Code Ann. § 35-15-408
effective July 1, 2004

§ 35-15-408. Trust for care of animal

(a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. The trust may not be enforced for more than twenty-one (21) years.

(b) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.

(c) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor's successors in interest.



Tenn. Code Ann. § 35-50-118 (repealed effective July 1, 2004).

§ 35-50-118 Animals

(a) Any gift or devise under a will or trust having as its object the humane treatment and care of a specific animal or animals designated by the donor and testator shall be valid, even though it creates a perpetuity in such animal or animals, or creates a condition subsequent that must be fulfilled before a person is entitled to the outright receipt of the gift or devise. Such gift or devise shall be considered an honorary trust, that is, one binding the conscience of the trustee, since there is no beneficiary capable of enforcing such a trust.

(b) Such gift or devise shall provide for the appointment of a trustee to carry out the provisions of the trust, but in the event that no trustee or successor trustee is named, the person designated as donee or devisee of such gift or devise, or in the case such person is a minor, then the minor's court- appointed representative, shall serve as trustee and hold such property in trust for the benefit of such animal or animals.

(c) Any such trust shall terminate and any conditions shall be extinguished on the death of such animal or animals or as provided for by will or trust, but in all events, any such trust shall terminate twenty-one (21) years after the death of the donor or testator.

 

[Mass_Shyster]

I agree about the marriage, but, Ms. Kitty?

See what happens when I listen to lawyers!!!!

 

[curb1]

I think the OP has a legitimate question. Communication is important with father. It is a messy situation, but it would be good for everyone involved to get his intentions (for better, or worse), before he dies.