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Last Will and Testament
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Is a deed of trust enough to prove ownership of a home when a spouse dies intestate in Tennessee?
My stepfather just passed away intestate. He has 2 adult children from a previous marriage. My mother (the widow) does not believe her name is on the property deed, but knows her name is on the Deed of Trust for their home. The home was purchased after marriage, as a couple. They resided together in the home for nearly 20 years. She is worried she will lose their home to intestate succession laws.
Answered Mar 3, 2021
It is unlikely that she will lose the home. She has certain rights to a spousal share of his estate regardless of the surviving children or the title to the home. She would certainly benefit from speaking with a local probate attorney who can assist her in protecting her interest.