After the long road of a legal claim, the relief of reaching a wrongful death settlement is a significant milestone. But before the compensation can help your family move forward, it must be divided according to state law. In Tennessee, this process follows a specific legal roadmap. Understanding it is crucial for managing expectations.
What Tennessee laws say about wrongful death claims
Under Tennessee law concerning wrongful death, the courts split the proceeds according to intestate succession. This means the state’s default rules for people who die without a will apply here. Even if the deceased has a will, the payout bypasses the will entirely and belongs to the statutory heirs:
- Spouse only: The surviving spouse gets 100% of the payout.
- Spouse and one child: The surviving spouse and child split the payout in half.
- Spouse and two or more children: The surviving spouse gets at least one-third of the payout, while the children split the remaining amount equally.
However, it is possible to lose the right to receive compensation. If a spouse abandons the deceased spouse or willfully withdraws for at least two years before death, they waive their right to collect compensation. Additionally, a beneficiary forfeits their right if they intentionally killed the deceased.
Establishing transparency and expectations
Having a clear understanding of wrongful death claim laws can help set expectations. It prevents confusion and disputes that can emerge during an already emotional situation.
Navigating the nuances of Tennessee law can be a heavy burden, especially when you are still grieving. If you want to ensure the protection of your family’s interests, seeking legal advice can offer insights.
