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originallawyer
originallawyer, Attorney
Category: Estate Law
Satisfied Customers: 822
Experience:  9+ years of experience in writing wills and probating estates in a variety of ways.
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My aunt passed away recently, her will stated her estate would

Customer Question

My aunt passed away recently, her will stated her estate would go to my father and step-mother; father passed away a couple of years ago. It was understood prior to my father's death, my aunts estate would be split between my brother, myself and step brother. Now Step mother is stating all will be left to her son. Do we have any legal standing, since my father passed.
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
Step-mother had already given away aunts belongings, such as furniture, she stated she wanted some furniture, but at son's house, now only house is left in estate and granddaughter and husband has been living in since aunt was in nursing home with alteimeres (sp).
Expert:  originallawyer replied 1 year ago.
http://law.justia.com/codes/tennessee/2010/title-32/chapter-3/32-3-105
Good afternoon:
I would speak with an attorney. Tennessee has an anti-lapse statute (above) that seems to come into play here. Your aunt made a gift to your father. Your father predeceased your aunt and so your father's portion of the estate should pass to his issue. Your step-mother would receive a portion of it as well, but you and your sibling should receive some of it.