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Wife or children

 
 
jodie34
 
Reply Mon 21 Jan, 2008 11:17 pm
I have a friend that lives in the state of Tennessee. Her husband passed away about five weeks ago. He did not have a will. She has a car and truck that were in his name only. This was his second marriage. He has three grown children by his first marriage. Legally would the vehicles belong to his last wife or his children since he didn't have a will? I know they can't be sold as long as they are in his name only. How would she go about having them put in her name?
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dadpad
 
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Reply Mon 21 Jan, 2008 11:30 pm
The members of this (A2K) site give advice and assistance in good faith. If you require legal advice please contact your legal representetive. Legal issues can become complicated when a prior spouse is involved.

Dying without leaving a will is generally know as being intestate.

Tennessee Intestate Succession Laws

http://www.finance.cch.com/pops/c50s10d190_TN.asp

If any part of a Tennessee decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate, including both separate property and the one-half of community property that belongs to the decedent. However, the amount a surviving spouse is entitled to varies as follows:

* If there is no surviving issue (e.g., child or grandchild) of decedent, the surviving spouse is entitled to the entire intestate estate.
* If there are surviving issue of the decedent, the surviving spouse is entitled to the greater of one-third or a child's share of the entire intestate estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

1. Decedent's issue. If they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by per stirpes representation.
2. Decedent's parent or parents equally.
3. Decedent's brothers and sisters and the issue of each deceased brother and sister by per stirpes representation. If there is no surviving brother or sister, the issue of brothers and sisters take by per stirpes representation.
4. If none of the above relatives are available, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the issue of the paternal grandparents if both are deceased. Such issue take equally if they are all of the same degree of kinship to the decedent and, if of unequal degree those of more remote degree take by per stirpes representation. The other half passes to the maternal relatives in the same manner. If there is no surviving grandparent or issue of grandparent on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half.

3. State of Tennessee. If there is no taker under any of the above provisions, the intestate estate passes to the state of Tennessee.
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