Real Estate Inheritance Tennessee

Yes, she can dispose of the ownership of the property as she sees fit. However, he may have a right to continue living there until his death or subsequent remarriage. Also, he may have a right to a portion of her estate. Under Tennessee law, a “surviving spouse” has the right to elect to receive an amount from the decedent’s assets rather than accept what was left in the decedent’s will. Even if no will was ever created, a spouse can still claim a certain amount of the estate.

So, regardless of whether your mom died with a will or without one, Tennessee law protects her surviving husband. This elective share even applies in cases when the spouse may have attempted to disinherit a spouse. In those cases, the spouse is still allowed by law a certain portion of the decedent spouse’s estate.

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