Tennessee Inheritance Laws

[fattybread]

Tennessee.
My husband was married before me and had joint propertyies with his now deceased wife. Two of our houses have his name and his deceased wifes name on them. We have no joint children and he has 2 adult children from his previous marriage. If he were to die would these properties go to me or 2 his children or split between the 3?

Also what about all other assest IRA and investments, cars and such...What rights do I have with no will or trust. To my understanding with no will everything is split with the adult children...... and I need to a trust with instructions to protect me if he were to die...correct?

Thank youWhat is the name of your state (only U.S. law)?

 

[anteater]

Your husband doesn't much believe in taking care of business, does he? You really need to have a frank and open discussion about your concerns with him. But, if he just blows it off, there really is not anything that you can do about it.

If he dies without a will or a trust in place, you can get an idea of how his estate would be distributed with the calculator at:

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

My husband was married before me and had joint propertyies with his now deceased wife. Two of our houses have his name and his deceased wifes name on them... If he were to die would these properties go to me or 2 his children or split between the 3?

Assuming that the properties were owned with survivorship rights, he would now own them and they would simply be assets that would be part of his probate estate and distributed according to Tennessee's intestate succession statutes.

Also what about all other assest IRA and investments, cars and such...

Some assets can have beneficiary designations - IRA's typically do; investment accounts might. If they do, they transfer to the designated beneficiary. If not, they would also be part of his probate estate.

 

[LdiJ]

Tennessee.
My husband was married before me and had joint propertyies with his now deceased wife. Two of our houses have his name and his deceased wifes name on them. We have no joint children and he has 2 adult children from his previous marriage. If he were to die would these properties go to me or 2 his children or split between the 3?

Also what about all other assest IRA and investments, cars and such...What rights do I have with no will or trust. To my understanding with no will everything is split with the adult children...... and I need to a trust with instructions to protect me if he were to die...correct?

Thank youWhat is the name of your state (only U.S. law)?

TN intestate law says this:

31-2-104. Share of surviving spouse and heirs.
(a) The intestate share of the surviving spouse is:

(1) If there is no surviving issue of the decedent, the entire intestate estate; or

(2) If there are surviving issue of the decedent, either one-third (1/3) or a child's share of the entire intestate estate, whichever is greater.

So it looks like 1/3 of his share. However, if his deceased wife's name is still on the homes, and she did not have a will, his children might be entitled to a share of that property now, which means that his portion would be smaller.

If he has beneficiaries on any of his other assets (401k, etc.) those would pass directly to the beneficiaries...although you might still have a claim on 1/3. You would really need to consult with a local attorney.