Estate Law Questions? Ask an Estate Lawyer.
Hello and good afternoon to you.I am Ray and I will be assisting you today.Here the son's estate passes under the terms of his will.If he had no will then is passes under the Tennessee laws of intestacy. Here are the laws of intestacy.
So the ex wife if they were divorced would receive nothing unless he willed it to her.The step daughter would also not have a claim unless willed to her.If there was no will then the laws of intestacy pass it to blood relatives or a current spouse only. You would have a legal interest here under the laws of intestacy as a sibling.The sibling or siblings take it all.You may want to consider a local lawyer to protect your rights under these laws.The ex wife and step daughter do not appear to be following the law if the brother died intestate with no will.You appear to be an heir under the Tennessee laws of intestacy above.Tennessee lawyer referral here to help you find a probate lawyer.http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=TN
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
My brother had a will. While in probate his son died..
I understand.But unless the son had a will his estate which includes the inheritance from dads will passes under laws of intestacy.Here we are talking who gets the sons estate since he deceased after his dad.His estate would pass here to the legal heirs..In other words the father (your brother) deceased and son inherits under will and then he deceases.Unless he had a will then you apply the laws of intestacy and his share would go through a separate probate for son and court uses law of intestacy to name the legal heirs to his inheritance from father and again it passes through the sons estate.Does that clarify this.Please let me know if it doesn't or I missed something.