Complex situation Mother/neighbor

[Seth423]

Jurisdiction

Tennessee

Good afternoon, long story short my grandparents passed away and left my mother the estate with me as remainder of estate. After they passed her neighbor started coming around a lot and I ended up being wrote of my mothers will and the neighbor was left the entire estate. Come to find out my mother was never divorced from her husband and he petitioned for a intestate administration and told me to hire a lawyer to try and get the other half. After I talked to my "stepfather" he stated that the neighbor also signed as a witness to my mothers will. Does that fact make it where I have a chance at fighting for the estate.

Thank you for taking the time to read and answer. Any help is greatly appreciated.

 

[army judge]

Does that fact make it where I have a chance at fighting for the estate.

For a precise, accurate legal response you'll need to consult an estate attorney, or one who specializes in wills and/or trusts.

You can initiate a search for a good attorney using your state's ABA website:

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[adjusterjack]

the neighbor also signed as a witness to my mothers will. Does that fact make it where I have a chance at fighting for the estate.

Depends.

How many other witnesses signed the will?

If there was only one other witness, the neighbor is likely to forfeit everything that was left to her because of the following statute:

Tennessee Code § 32-1-103 (2020) - Witnesses — Who May Act :: 2020 Tennessee Code :: US Codes and Statutes :: US Law :: Justia

If there were two other witnesses then she's good to go.

Consult an estate attorney.

 

[zddoodah]

and left my mother the estate with me as remainder of estate.

Huh?

One interpretation of this is that your mother has a life estate in a piece of real property, with you as the remainderman. Is that what you meant? If so, is there a deed recorded to this effect? If not, please clarify what this means.

I ended up being wrote of my mothers will and the neighbor was left the entire estate.

I think you meant that your mother wrote you out of her will and left her entire estate to her neighbor. Correct? Has your mother's estate been fully probated? Sounds like it hasn't.

Come to find out my mother was never divorced from her husband and he petitioned for a intestate administration and told me to hire a lawyer to try and get the other half.

That's an excellent suggestion. Did you do that? If not, why not?

the neighbor also signed as a witness to my mothers will. Does that fact make it where I have a chance at fighting for the estate.

A "chance at fighting"? One can always "fight." The question I think you meant to ask is whether the neighbor signing as a witness invalidates the gift to her in the will. The answer to that question is yes (assuming there were not two other witnesses). See Tennessee Code, section 32-1-103(b).

Also, if, in fact, you are the remainderman of a life estate given to your mother, that life estate terminated upon her death, so you are now the owner of that property. The property subject to a life estate is not part of the life tenant's probate estate and is not subject to her will.

I strongly suggest you heed your stepfather's advice.