If my brother died without a Will and he was not married but had a son, is my nephew the sole heir and beneficiary?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my brother died without a Will and he was not married but had a son, is my nephew the sole heir and beneficiary?
My parents and siblings know son/brother’s wishes were to leave majority but not all of the assets to his son, however some assets were to go to 2 others – 1 a sister and 1 his long-time companion (who did not live with him). How can the family execute his known wishes if there is no Will? Can the family seek to appoint deceased’s brother as executor? .
Asked on June 11, 2012 under Estate Planning, Tennessee
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for your loss. If your brother died with out a Will that is known as dying "intestate" and the Intestacy statute in Tennessee will apply. Under the statute if your brother had no surviving spouse (wife) then his child or children would inherit all of the estate. Once you have a child intestacy statutes generally cut off everyone else. The deceased brother can file a petition to be appointed as the personal representative of the estate (probably called "administrator" with out a Will). He has to give notice, etc., to all. Now, if he is appointed he has to follow the intesacy statutes. He can not do otherwise. He could get in to big trouble. Good luck.
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 AttorneyPages.com 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.