What happens if someone passes away without a will in Shelby County Tennessee?
My father passed away in November 2019, and did not have a will. He was divorced from my mother but had remarried approximately 5 years prior to his death. He had a life insurance policy and his wife was listed as the beneficiary. I assumed his home would pass to his wife as well but someone recently told me differently. He owned his home and it was paid off years before they married. I do know he added her to the deed prior to his death. I would like to know what the laws are pertaining to property if there is no will in place at the time of someone's death in Shelby County Tennessee.
If surviving wife had been added to the deed as a joint owner with right of survivorship or tenancy by the entirety, then the real estate described in the deed goes to her; and no Will or probate will change that. Read the deed which should be available in the Register's Office for Shelby County or maybe on the Property Assessor's website. If you are in doubt, take the copy of the deed to a lawyer or title insurance agency.
These comments do not constitute legal advice. They are general comments on the circumstances presented, and may not be applicable to your situation. For legal advice on which you may rely consult your own lawyer. You may locate them using the Find a Lawyer link at the top of this page.
