QUESTION

if someone is left in a will and they died does surving spouse get the inhertience

Asked on Feb 10th, 2016 on Wills and Probate - Tennessee
More details to this question:
my husband's name was put in a will after he was deceased. Am I entitled to the inhertience
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1 ANSWER

This question took a little time to find the answer because I have not had this issue since law school. The answer to your question is no, you will not get his inheritance. Normally, when the beneficiary under a will dies before the testator (the person creating the will), then the legacy (property to be inherited) is said to have "lapsed". This is called a "lapsed legacy". Tennessee has a statute called a "anti-lapsed legacy" Tenn. Code Ann. § 32-3-105 which states that "whenever the devisee or legatee or any member of a class to which an immediate devise or bequest is made, dies before the testator, or is dead at the making of the will, leaving issue that survives the testator, the issue (children) shall take the estate or interest devised or bequeathed that the devisee or legatee or the member of the class, as the case may be, would have taken, had that person survived the testator, unless a different disposition thereof is made or required by the will.' What this means is that if your husband had children, then the children would inherit what he would have inherited. However, you do not inherit. 
Answered on Feb 11th, 2016 at 7:28 AM

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