My sons father suddenly passed away. He drowned at the lake but hasn't been recovered yet. It's been shortly over a week ago. He was buying a trailer home. His parents have already gone into the home and started taking things out. He was never married & his only child is his son. He was 36 years old so no will. Our son is eleven years old.
When a person dies without a Will, the state's intestacy laws will determine who will inherit the decedent's assets. Under Tennessee law, if a person does not have a surviving spouse, their "issue" (or children) are entitled to that person's assets.
I would suggest opening the father's estate in the appropriate probate court so that the court could administer the distribution of the father's assets to the child. You may want to contact an attorney to assist you in this process.
I agree with Mr. Crowder. Since your son's father never married and, assuming that he did not have any other children, then your son would be his heir under the law of intestate succession. His father's estate will be subject to claims by creditors such as whoever lent the money on the trailer home.
My answer is for general information only and does not imply that any attorney-client relationship has been created.
Did you son's father ever legitimate your son through court? Because for your son to be the heir of his father, he has to prove that he is indeed the man's son.
You have your case fully assessed you will need to set up an appointment with a probate attorney. Since your son's father died without a will the estate would be intestate and follow intestate succession. Your son would be an heir if he is the son to the deceased.
This response is for informational purposes only and is not to be construed as establishing an Attorney-Client relationship. The responses submitted herein are limited by jurisdiction to the laws of the State of Tennessee.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline