NewsChannel5.com | Nashville News, Weather & SportsHalf Of Steve McNair's Estate Could Be Taxed

Half Of Steve McNair's Estate Could Be Taxed

NASHVILLE, Tenn. - With no will, legal experts said the state will decide who will get the late quarterback's assets.

Under state law McNair's widow, Mechelle, could automatically be entitled to one-third of the estate and his children could get the rest.

McNair left behind four sons - two with his wife, Mechelle and two older boys from separate relationship in Mississippi.

"If there's some question about whether the children are the children of the decedent then it's a little more complicated at that point," said trust and estate attorney James Gooch.

According to a local newspaper, McNair earned some $90 million in his 13-year career with the Houston Oilers, Tennessee Titans and Baltimore Ravens.

"The mere fact that a person has a will or doesn't have a will really doesn't determine where his or her assets are going to go," said Gooch.

Without protections through trusts and other means, an estate of over $3.5 million can get taxed $.50 cents for every dollar.

"The main idea here is to make a conscious decision about what you want to have happen rather than letting the estates laws govern it," said Gooch.

Paternity will have to be established for his two older sons so they can make a claim to the state.

"It can get into a legal wrangle with or without a will. I think without a will in a complicated family situation - a dispute is more likely," said Gooch.

There are two ways to leave a will. Usually, a lawyer draws one up, or a person can leave a handwritten estate plan. Most lawyers advised you have one professionally draw up.

A simple will can be drafted for under $100.