Are we entitled to anything that my dad left us kids after his wife died?
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Are we entitled to anything that my dad left us kids after his wife died?
My dad died about 8 years. ago and due to joint tenancy with right of survivorship, his wife is owner of the house. My dad had a Will that split the estate to go 1/2 to his kids and 1/2 to her kids. She died and did not have a Will.
Asked on February 19, 2019 under Estate Planning, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If he had a will leaving 1/2 to his children, his children were entitled to 1/2 of whatever he owned other than anything he owned with someone as "joint tenants with right of survivorship" (JTROS) or which was owned "transfer on death" (TOD) or "pay on death" (POD). Anything owned JTROS, POD, or TOD bypassed his estate and went directly to his joint tenant (owner) or the POD/TOD beneficiary.
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