[ Ссылка ] If you dad remarries does his second wife get the house automatically? Probate attorney Dan Scott answers this question in this video. The question was posed when the husband survives his first wife then remarries retaining the house that he'd shared with his first wife and his children. The children are concerned that if their father dies, then the second wife would receive the house in the same way that their father kept the house when he survived their mother. The circumstance are not exactly the same. The property was originally owned by the (first) husband and wife. In Tennessee under most circumstances couples own property as "tenants by entireties." So when the first wife passes, the ownership goes directly to the survivor outside of the estate. This is the nature of their ownership. In the facts, as suggested, the husband remarries. The marriage alone does not create ownership as tenants by entireties. He would have to execute and record a deed conveying the property to himself and his new wife in order to create that tenancy. So absent him executing a will that laves the house to wife #2, when he passes wife #2 would receive a child's share but no less than 1/3. Just remember that the husband could do a will leaving it completely to his 2nd wife. A husband can cut his children out of his estate but he can't do that with his wife who will always have a right to a child's share but no less than 1/3rd.
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Dan Scott
Scott Law Group PC
209 Chilhowee School Rd., Ste 15
Seymour, TN 37865
865-246-1050
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