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Under to Tennessee law, a surviving spouse has the right to elect to receive an amount from the decedents assets rather than accept what was left in the decedents will. Even if no will was ever created, a spouse can still claim a certain amount of the estate.
If the deceased has a spouse and children, they will inherit the estate. In these situations, the surviving spouse receives one-third of the estate, or a childs share of the estate, whichever is greater. If the deceased did not have children, the spouse would inherit the entire estate.
Joint Trust: Because all assets are inside one trust, sometimes Joint Trusts can make things simpler. While both spouses are living, each has equal control regarding the management of joint assets held in the Joint Trust.
Tennessee has not adopted the Uniform Probate Code. So if your property is worth more than $50,000, a living trust will enable your heirs to avoid the states lengthy probate period and legal costs. Living trusts do cost money, though, so you should weigh the benefits with the outlay of $1,000 or more.
If a person dies intestate without any children, the spouse recovers the entire estate. If the person left a spouse and children, the surviving spouse will receive either one-third of the entire estate or a childs share of the estate, whichever is greater.
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The Spouses Share in Tennessee In Tennessee, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great-grandchildren. If you dont, then your spouse inherits all of your intestate property.
If the deceased has a spouse and children, they will inherit the estate. In these situations, the surviving spouse receives one-third of the estate, or a childs share of the estate, whichever is greater. If the deceased did not have children, the spouse would inherit the entire estate.
Spouses in Tennessee Inheritance Laws For childless marriages, every piece of property that a decedent owned will be left to his or her spouse. But if the decedent had children with his or her spouse, with another person or both, the intestate estate is divided evenly among all parties.

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