What is the name of your state (only U.S. law)? TN
Under Tennesse instate sucession laws must the parents be living to be distributed the intestate share? Please see below.
There is no requirment stated that they must be surviving if I undestand correctly. Consider the following sequence of events in order
1. Parent A and Parent B have Child A, Child B and Child C
2. Parent A dies
3. Parent B creates a will - all assets of Parent B go to Child C. No assets go to Child A and Child B
4. Child B - Creates deed that rights goes to hiers
4. Parent B dies
5. Child C files the Will with the court and goes into probate
6. Child B dies instate sucession with no Will and no children; Child B is not married
7. Child C and Child A are alive
8. Child B's assets are in instate sucession
1. Will all the shares of Child B go to Child C?
2. Will any share of Child's B go to Child A?
3. Does Child C have a claim to the parents shares of Child B by Will even if Parent A and Parent B are not alive?
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.
Under Tennesse instate sucession laws must the parents be living to be distributed the intestate share? Please see below.
Per section 2. "Decedent's parent or parents equally."
There is no requirment stated that they must be surviving if I undestand correctly. Consider the following sequence of events in order
1. Parent A and Parent B have Child A, Child B and Child C
2. Parent A dies
3. Parent B creates a will - all assets of Parent B go to Child C. No assets go to Child A and Child B
4. Child B - Creates deed that rights goes to hiers
4. Parent B dies
5. Child C files the Will with the court and goes into probate
6. Child B dies instate sucession with no Will and no children; Child B is not married
7. Child C and Child A are alive
8. Child B's assets are in instate sucession
1. Will all the shares of Child B go to Child C?
2. Will any share of Child's B go to Child A?
3. Does Child C have a claim to the parents shares of Child B by Will even if Parent A and Parent B are not alive?
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.
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