Shortly after marrying in 1944, Neil Ellis (Husband) and Virgie Mae Ellis (Wife) executed separate reciprocal wills, each naming the other spouse as the sole beneficiary.1 In April 1998, Wife became conservator over Husband due to his age and deteriorating mental condition.2 On February 11, 1999, Husband died, followed by Wife's death three days later.3 Husband's heirs claimed half of the property the couple held as tenants by the entirety because Wife failed to survive Husband by 120 hours.4 Wife's estate objected, arguing that the entirety property vested immediately in Wife because Husband predeceased her, and he therefore had no interest in the entirety property that could pass through his will.5
The trial court denied the motion of Husband's heirs to intervene in the probate proceedings.6 The Tennessee Court of Appeals affirmed, holding that the entirety property passed outside of probate and that Wife took the property by survivorship in fee simple absolute immediately upon Husband's death.7 The Tennessee Supreme Court held, affirmed.8 The Tennessee Uniform Simultaneous Death Act does not require a spouse to survive by 120 hours before taking fee simple title to property held with the decedent as tenants by the entirety. Ellis v. Ellis, 71 S.W.3d 705, 714-15 (Tenn. 2002).
No comments:
Post a Comment