Does Second Wife Have Rights to House My Father Owned with My Mom, First Wife

[twofor1]

My question involves estate proceedings in the state of:TN
Dads house is listed in his name only...my mom and dad purchased..divorce came..dad remarried...and just recently passed. Does 2nd wife have any claim to it since it was a pre-marriage property? I thought premarriage purchases stayed with his children.

[harrylime]

My question involves estate proceedings in the state of:TN
I thought premarriage purchases stayed with his children.

No, that is incorrect.

Did he have a will?

If he did not, then the distribution of his estate is governed by TN's Descent And Distribution statute.

31-2-104. Share of surviving spouse and heirs.
(a) The intestate share of the surviving spouse is:
(1) If there is no surviving issue of the decedent, the entire intestate estate; or
(2) If there are surviving issue of the decedent, either one-third (1/3) or a child's share of the entire intestate estate, whichever is greater.

(b) The part of the intestate estate not passing to the surviving spouse under subsection (a) or the entire intestate estate if there is no surviving spouse, passes as follows:
(1) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation;
...

http://law.justia.com/codes/tennesse...-31/chapter-2/

[twofor1]

Will mysteriously disappeared. What is estate of homestead and exempt property? I was thinking homestead was his house, am I right?

[jsmith281]

Do you know the lawyer who helped him set up the will?

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Your mother's name is not on the title of the house?
The surviving spouse needs a place to live,it is not nice to throw an old widow out of her home !