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RayAnswers, Attorney
Category: Estate Law
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Experience:  Texas lawyer for 30 years in Estate law
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Our parents have pasted away. My brother was divorced. When

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Our parents have pasted away. My brother was divorced. When he died he left his estate to his only son. His son was tragically killed in an accident while my brothers estate was still in probate. His only living relatives are my sister and myself. But his exwife and step daughter are claiming his estate. My question is does my sister and myself have a claim to the estate.

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.

you die with:here’s what happens:
  • children but no spouse
  • children inherit everything
  • spouse but no descendants
  • spouse inherits everything
  • spouse and descendants
  • spouse and descendants equally share the intestate property, but the spouse’s share may not be less than 1/3
  • parents but no spouse or descendants
  • parents inherit everything
  • siblings but no spouse, descendants, or parents
  • siblings inherit everything

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.


I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Customer: replied 3 years ago.

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.

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