Tennessee § 20-5-110 - Action for death of spouse.

§ 20-5-110. Action for death of spouse.

A suit for the wrongful killing of the spouse may be brought in the name of the surviving spouse for the benefit of the surviving spouse and the children of the deceased, in the name of the administrator of the deceased spouse or in the name of the next of kin of the spouse. The surviving spouse may effect a bona fide compromise in such a suit or right of action and may execute a valid release that shall be binding upon all the children of the deceased or next of kin of the deceased. Notwithstanding any other law to the contrary, the right to institute and the right to collect any proceeds from a wrongful death action granted by this section to a surviving spouse shall be waived, if the children or next of kin establish the surviving spouse has abandoned the deceased spouse as described in § 36-4-101(a)(13) or otherwise willfully withdrawn for a period of two (2) years. If the period of two (2) years has passed since the time of abandonment or willful withdrawal then there is created a rebuttable presumption that the surviving spouse abandoned the deceased spouse for purposes of this section. In an action under this section, the child or next of kin shall serve the surviving spouse with process as provided in the Tennessee Rules of Civil Procedure or by constructive service as may otherwise be provided by law. A release entered into pursuant to this section by the surviving spouse shall be binding as provided in subsection (b), unless a copy of an order finding waiver of rights pursuant to this section was served or delivered to the released parties prior to the execution of the release or distribution of funds, whichever occurs first. However, a court of competent jurisdiction, upon motion of the children or next of kin, may grant injunctive relief after notice to the released parties and to the surviving spouse. The party or parties seeking the release shall not be required to answer or otherwise defend any such action. Acts 1897, ch. 86, § 2; Shan., § 4029a2; mod. Code 1932, § 8239; Acts 1953, ch. 210, § 2; 1975, ch. 284, § 4; T.C.A. (orig. ed.), § 20-611; Acts 1981, ch. 250, § 1; 2011, ch. 366, § 3. Amendments. The 2011 amendment added (c). Effective Dates. Acts 2011, ch. 366, § 4. May 30, 2011. Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 637. Law Reviews. Professional Responsibility — Kline v. Eyrich: Use of the Common Fund Doctrine in Wrongful Death Actions in Tennessee: Preventing Unjust Enrichment or Simply Unjust?, 34 U. Mem. L. Rev. 233 (2003). Loss of filial consortium (John A. Day), 37 No. 5 Tenn. B.J. 26 (2001). Wrongful Death in Tennessee — New Solutions to Recurring Problems, 9 Mem. St. U.L. Rev. 85. Cited: Weathers v. Pilkinton, 754 S.W.2d 75, 1988 Tenn. App. LEXIS 119 (Tenn. Ct. App. 1988); Estate of Baker v. Maples, 995 S.W.2d 114, 1999 Tenn. App. LEXIS 33 (Tenn. Ct. App. 1999); Rains v. Bend of the River, 124 S.W.3d 580, 2003 Tenn. App. LEXIS 537 (Tenn. Ct. App. 2003); Bowman v. City of Memphis, 329 S.W.3d 766, 2010 Tenn. App. LEXIS 47 (Tenn. Ct. App. Jan. 27, 2010).