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What are laws regarding leaving of personal property to relatives in a will if you are married

Kingston, TN |

i am married and wish to leave my part of our property to my 3 children and i wish to know if i can do this

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Attorney answers 1


You can leave your property to someone other than your spouse, but your spouse can take an elective share of your estate at your death based upon the number of years of your marriage pursuant to TCA 31-4-101. This amount may be up to 40% of the estate for marriages of 10 years or longer. Real property does not generally pass through a will, and inheritance is determined by the type of estate (tenancy by the entirety, joint tenancy, tenants in common).