The Burdette
Law Firm
Lawyers: Germantown - Memphis, TN.
(901) 756-7878
in Germantown
(901) 756-6433
in Memphis

Answers to general legal questions posed by the general public

by Memphis Attorney Christina Burdette

Q: My father passed away and had no will ....

My mother passed away about 9 years ago. He remarried but never changed the deed. Does the house go to his new wife or to me and my sisters Additional information The deed is in my mom and dads name, he never added his new wife to it - See more at:

A: The answer to your question can be found in the deed....

If your mom and dad purchased their house together as tenants by the entirety (a form of joint ownership between husband and wife), then your father became the sole owner of the house after your mother's death. You say that he never changed the deed, so when he died without a will, his property will pass under the Tennessee Laws of Descent and Distribution. The bottom line is that ownership of the house may very well pass 1/3 to dad's new wife, and 2/3 to you and your sisters.

See our desktop / laptop site