If my father died without a will, what am I entitled to?
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If my father died without a will, what am I entitled to?
My father passed away 15 months ago. After he died I received a $10,000 life insurance
check from his job. However, his wife got all the other money, 401k, cars and home (which was in his name). He didn’t have a Will to my knowledge. I was wondering if I was entitled to more?
Asked on April 1, 2016 under Estate Planning, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
In your state, as a general matter, when there is no will (intestate sucession) but there is a spouse and descendents (children; i.e. you), the spouse and the descendents share equally in the estate (split it equally), but the spouse's share, if there are multiple children, cannot be less than 1/3.
However, any property which was jointly titled in both their names (e.g. a home or car jointly titled, joint bank accounts, etc.) will become her property or asset solely. A 401 will go to whomever was designated as the beneficiary, as will an insurance policy (which you evidently received).
If you believe you received less than your legal share, you can bring a legal action and ask for the chancery or surrogate's court to order the proper division or distribution of assets. You are advised to seek an attorney's help for this.
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