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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37862
Experience:  16 years real estate, Realtor. Landlord 26 years
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My brother died without leaving a will, there are neices and

Customer Question

my brother died without leaving a will, there are neices and nephews lerft besides me. I live in the state of tenn. I assumed all the nessary expenses for his funneral etc no help from any one else and now I am told that his neises and nephews are intitled to share in his estate I would like to know if this is true and if there is any around this .
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Has anyone filed a probate case to settle his estate?

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Are you the only living sibling?

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Did he have any children or a wife?

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thanks

Barrister

Customer: replied 1 year ago.
no on the probate question, my brother had two half brothers and two0 half sisters and they are dead however each one of half brothers and sisters had children, and no he didn't have a wife or any children
Expert:  Barrister replied 1 year ago.

Ok, then under TN intestacy laws, the half siblings or their heirs would inherit the same as whole blood siblings. So here you would inherit 20% of his estate, and the half sibling's estates would each inherit 20% that would descend down to their children.

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However, once a probate case was opened and an Administrator appointed, you would be able to submit a "creditor claim" to the Administrator to be reimbursed off the top for any funeral expenses you fronted for the estate.

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thanks

Barrister