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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).