Assets willed to a deceased spouse

[kelsi]

My stepmother passed leaving everything to my father and my father passed leaving everything to her. My father has 14 children and she has 7 children, why does everything or how does everything go back to her children and nothing to his children?

 

[dee_dub]

Who died first? Do the wills say anything about the surviving spouse having to survive the deceased by more than x days? Was that condition met? Do the wills provide for residual beneficiaries (i.e. somebody who takes any inheritance that is left over)?

Without knowing the details, I would SUSPECT that if your father outlived your stepmom, he inherited her entire estate. It was his to do with as he pleases. He left it to her in his will. She is already deceased, so that gift fails. It forms part of the residue of his estate. What happens to it then is it should be distributed to the residual beneficiary or beneficiaries. If he didn't name any, then it MIGHT pass under Tennessee's intestacy laws. But I don't see why her kids, and not his, would get it all. So... it is impossible to answer your question at present. More information, please.

 

[army judge]

When they were alive, they held a joint estate.
If your father predeceased your step-mother, she inherited the entire estate.
If she then dies, her entire estate was divided amongst her seven children.
You inherited nothing, as per your father's will.
Your father left everything to his wife, your step-mother.
If I understand you, she left her estate (via her will) to her 14 children.
If it is as I set forth, there is nothing illegal with this series of event.

People are free to do with their property whatever they desire.
I take it, none of you are minors.
That might change things temporarily, but insignificantly.

If you believe there was some hanky-panky, you could always bring an action in probate.
Otherwise, it is what it is.

 

[kelsi]

It just says he appoints her as the executrix of his estate but she passed in 2005 he just passed in 2009.He gives his entire estate personal and mixed situated to his wife.

 

[dee_dub]

Then she predeceased him. His estate does not go to her. Exactly what happens to it depends on his will. What exactly does that say?

 

[kelsi]

That is what it says it gives it to her absolutely and in fee simple she is named executrix or successor any and all powers as mention t.c.a. 35-3-117

 

[kelsi]

He leaves her his entire estate personal and mixed and whatsoever situated to her

 

[dee_dub]

I already got that. What you need to know is what the will says happens if that person is already deceased (or if it says anything at all about it). It might be easier if you just post the entire contents of the will.

 

[kelsi]

It says nothing about that, thats why i'm confused about how the stepchildren gets it, no one else is named the one he leaves to authorize herein the aboved name executrix or successor to excersize all powers

 

[kelsi]

I do hereby give my entire estate real, personal and mixed to my wife absolutely and in fee simple.

 

[dee_dub]

Here is how it works.

IF he attempted to will something to his wife and she is already deceased, that gift fails. It passes to the residue of his estate. The residue is whatever is left over after all specific gifts are distributed. Since the attempted gift of his entire estate to his wife fails, it is all left over.

USUALLY what happens is the will designates a residual beneficiary - someone who inherits the residue. If it does not, then the will simply does not dispose of the property.

IF a will does not dispose of property, it will be disposed of according to Tennessee's laws of intestacy. As I understand them (and I am not a Tennessee lawyer), stepchildren do not inherit under an intestacy if there are surviving blood children.

SO: if your father attempted to give his entire estate to someone who was already dead, and his will did not designate an alternate or residual beneficary, his entire estate will be disposed of according to Tennesee's laws of intestacy. That means you and your siblings will inherit the entire estate. Stepchildren are not entitled.

I do not know how to answer your original question, "why does everything or how does everything go back to her children and nothing to his children". The answer is, everything does not go back to her children. It goes to his children. Who is telling you otherwise, and what makes them think that?

 

[army judge]

He leaves her his entire estate personal and mixed and whatsoever situated to her

She is now dead. You and your siblings stand to inherit it all. The laws of intestacy apply, as someone mentioned above. You should speak with a property lawyer about what you and your siblings should do next. It might involve a court battle.

Your problem points out why people should always make sure they update their wills, regularly. The government will also reap a windfall benefit, even though they did nothing. Dying without a will, means the state could siphon off as much as half the value of the estate. This causes some people to have to sell the estate, in order to satiate the greedy state government's appetite for other people's stuff!

Your father's intent was to give everything to his surviving spouse. I have seen this fail before, as the male survives the female, and fails to alter the will.

Your father, God bless him, died without a will. Get cracking and speak with a local lawyer. Depending on what assets remain, things could get ugly. God bless you, and may HE comfort you in your loss.

 

[kelsi]

Thank you it was my stepsister's attorney that said it therefore falls back to her mom's heirs, and I simply couldn't understand and the will is so simple but I thought maybe one word could change all that, there are no other names on this will just his deceased wife, no children, his or hers. I appreciate all your response, I have read this will 50 times lol.

 

[army judge]

Thank you it was my stepsister's attorney that said it therefore falls back to her mom's heirs, and I simply couldn't understand and the will is so simple but I thought maybe one word could change all that, there are no other names on this will just his deceased wife, no children, his or hers. I appreciate all your response, I have read this will 50 times lol.

The lawyer that said that, should be disbarred immediately.
Any first year law school student would know that makes no sense.
Your intuition was correct.
But, that doesn't matter now.
You know the truth.
Someone was trying to trick you out of what is yours.
Good luck.

 

[kelsi]

Hey I spoke with 2 attorneys here and they say everything goes back to my stepmother's estate thats why her children get everything and are able to be the exec. of the will, kinda if he didn't have any children but thanks for all of the info I recieved from you all it makes me wanna make sure my mom's things are all in order.