What is my stepmother entitled to if she was not named in my father’s Will?

UPDATED: Jan 31, 2014

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What is my stepmother entitled to if she was not named in my father’s Will?

My dad remarried after my mom died.He was married for 6 year. before he died. His wife was not named in his Will but I (his son) was named as sole heir. The lawyer for his estate is telling me that she gets all personal property and 50% of the proceeds of the real estate. Is this true?

Asked on January 31, 2014 under Estate Planning, Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Omitted Spouse: If a will fails to name or provide for a spouse, the spouse must receive a portion of the testator's estate as provided by Tennessee law, unless it appears either from the will or from other evidence that the omission was intentional. From what you have written, it seems that the stepmother gets a certain percentage of your father's estate. I suggest you consult with your own legal counsel. One in your locality can be found on attorneypages.com.

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.

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