Are we entitled to anything that my dad left us kids after his wife died?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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