How can I make sure that my sister inherits mom's estate without a will?
My parents had 7 children. One died at 2 years old and one at 49, several years ago; so there are 5 of us now. Dad has been gone many years; Mother is now 96 and one divorced sister lives with her and cares for her. We other siblings agree she should inherit Mother's estate, which will be mostly just her house and a couple of acres of land. This sister has no home, having lost it in a bitter divorce. The rest of us have homes and will be happy to give her our shares. However, the deceased sister has 4 grown children with families. We need to know if we must offer them the share that would have gone to their mother? If my sister must do this, she may need to sell to give them their share, which destroys our intent. Mother has no will and will not agree to even talk about this. She's rather old-fashioned! This will be in Tennessee. Thank you!
Expert Answer
If your mother dies without leaving a will, the distribution of her property will be controlled by Tennessee law, specifically what is called "intestate" law. [Intestate" is legalese for dying without a will.}
I do not know Tennessee intestate law. Generally, state intestate laws (every state has them) specify that intestate property go to the closest legal relations. There may well be a provision in Tennessee intestate law that requires that your deceased sister's share of your mother's intestate property go to that sister's four children.
Of course, those four children could refuse to accept that inheritance. [Legally, that is called a "disclaimer."] But I have no idea if they would all agree to do so. In any case, it's risky.
However old-fashioned your mother may be, I suggest that by far the best thing to do is to have her sign a will, leaving her property to her sister. The will should be drafted by an attorney, or at least checked by one, because to exclude one's children (or children or a deceased child) from receiving property of a parent, that must be done expressly and explicitly.
However old-fashioned your mother may be, that is not, in my opinion, a valid reason for her to refuse to write a will. Her sister has lived for her and cared for her. All your mother's living children agree that this sister should inherit your mother's property. For your mother to refuse to write a will that insures this will happen is not, in my opinion, being "old-fashioned." [Old-fashioned people have written wills for centuries.I suggest that you and your siblings doeverythingl you can to convince your mother that the right thing to do, and the ONLY right thing to do, is for her to sign a will leaving her property to her sister.