A question about wills?

[DaveTN]

If I die without a will is it safe to assume that everything will go to my wife?

I’m not talking about any legalities about firearms and such; just general stuff. The state won’t try to step in or take anything will they?

[Garufa]

It all belongs to her.

[dralarms]

It all belongs to her anyway.

Fixed it for ya.

[VERO1]

Sorta like a divorce isn't it?

[Guest 6.8 AR]

It's not safe to assume anything, DaveTN. i would at least write something down with your intentions

upon your death. If there is nothing like a will or an executor to see to your belongings, I think Probate

is required. Don't know about dollar value requirements for an estate. Maybe one of lawyers will see this

and respond. I wouldn't trust the state if it had to go that way.

Besides, you can make a will for next to nothing.

A house will belong to her if you two took title as "tenants by the entirety", but not necessarily otherwise,

unless some stuff has changed recently.

[analog_kidd]

There are a few other reasons to make a will. What if you both go at the same time somehow? You may need to decide a contingincy plan, like kid's inheritance. You may want to make arrangements for younger kids that may need to be cared for.

If you're going to make a will, make a living will too. It will outline your desire for how to be cared for if something tragic happens. You can say when to pull the plug, or how you feel about organ donation.

[eastenn]

I guess the "General Off-Topic" forum is a good place for this thread

[MikePapa1]

It is split between you principal heirs. She would take a share but would not necessarily, take it all.

[Cherokee Slim]

I wouldn't assume anything. I used LegalZoom and did mine & got one for my wife for free. It was easy to do on line and did everything I needed to do.

Cherokee Slim

[monkeylizard]

In TN, I'm pretty sure it all goes to your spouse. If you both go together, it divides evenly between kids after any debts are paid. "Evenly" is decided by a judge. He may order all assets sold and the proceeds divided evenly. If there are step kids or ex-wives in the picture, it can get sticky.

As said before, it's cheap. No reason not to have one.

[MikePapa1]

Negative. Consult a lawyer or one of the online services. A spouse only receives it all if she is the only heir. Do a will, it's easy, cheap and makes sure things go where you want, not where the state thinks they ought to go.

[Guest 85rx-7gsl-se]

TCA 31-2-104

Tennessee Statute § 31-2-104. Share of surviving spouse and heirs. —

1. The intestate share of the surviving spouse is:
   (1) If there is no surviving issue of the decedent, the entire intestate estate; or
   (2) If there are surviving issue of the decedent, either one-third (1/3) or a child's share of the entire intestate estate, whichever is greater.
   
2. The part of the intestate estate not passing to the surviving spouse under subsection (a) or the entire intestate estate if there is no surviving spouse, passes as follows:
   (1) To the issue of the decedent; 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 representation;
   (2) If there is no surviving issue, to the decedent's parent or parents equally;
   (3) If there is no surviving issue or parent, to the brothers and sisters and the issue of each deceased brother and sister by representation; if there is no surviving brother or sister, the issue of brothers and sisters take by representation; or
   (4) If there is no surviving issue, parent, or issue of a parent, 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, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but 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.
   

[Guest 85rx-7gsl-se]

TCA 31-4-101

31-4-101. Right to elective share.

(a) (1) The surviving spouse of an intestate decedent who elects against taking an intestate share, or a surviving spouse who elects against a decedent's will, has a right of election, unless limited by subsection ©, to take an elective-share amount equal to the value of the decedent's net estate as defined in subsection (, determined by the length of time the surviving spouse and the decedent were married to each other, in accordance with the following schedule:

Click to view table.

If the decedent and the surviving spouse were married to each

other:

The elective-share percentage is:

less than 3 years 10% of the net estate

3 years but less than 6 years 20% of the net estate

6 years but less than 9 years 30% of the net estate

9 years or more 40% of the net estate

(2) For purposes of determining the total number of years to be applied to the computation provided in subdivision (a)(1), the number of years persons are married to the same person shall be combined. The years do not have to be consecutive, but may be separated by divorce. All years married shall be counted toward the total number of years for purposes of this section.

( The value of the net estate includes all of the decedent's real property, notwithstanding § 31-2-103, and personal property subject to disposition under the provisions of the decedent's will or the laws of intestate succession, reduced by the following: secured debts to the extent that secured creditors are entitled to realize on the applicable collateral, funeral and administration expenses, and award of exempt property, homestead allowance and year's support allowance. The net estate does not include any assets over which the decedent held a power of appointment, whether exercised or not, unless the decedent exercises the power of appointment to direct the assets to be paid to the decedent's personal representative for administration as part of the decedent's probate estate.

© After the elective-share amount has been determined in accordance with subsections (a) and (, the amount payable to the surviving spouse by the estate shall be reduced by the value of all assets includable in the decedent's gross estate that were transferred, or deemed transferred, to the surviving spouse or that were for the benefit of the surviving spouse, but excluding the homestead allowance, exempt property and year's support allowance. For purposes of this subsection ©, the decedent's gross estate shall be determined by the court in the same manner as for inheritance tax purposes pursuant to title 67, chapter 8, part 3, except that the value of any life estate or trust for the lifetime benefit of the surviving spouse shall be actuarially determined.

(d) The elective-share amount payable to the surviving spouse is exempt from the claims of unsecured creditors of the decedent's estate and, notwithstanding § 30-2-614( or (e), shall not be allocated to any United States or any state estate, inheritance or other death transfer tax if the elective share amount qualifies for and is used as a marital deduction in determining the decedent's death tax liability under any applicable estate, inheritance or other death transfer tax statute.

[Acts 1977, ch. 25, § 4; T.C.A., § 31-601; Acts 1985, ch. 140, § 28; 1997, ch. 426, § 17; 2001, ch. 400, § 3; 2004, ch. 866, § 2; 2007, ch. 13, §§ 1-3.]

Edited December 6, 2010 by 85rx-7gsl-se

[monkeylizard]

Nice to know. I stand corrected.....get a will.

[ftncityfatboy]

Sorta like a divorce isn't it?

Expect now she will get everything not just half!!!!

[tnhawk]

Don't put it off until it's too late, with the excuse that you don't need it until you die.