Tennessee § 30-2-102 - Year's support allowance.

§ 30-2-102. Year's support allowance.

In addition to the right to homestead, an elective share under title 31, chapter 4, and exempt property, the surviving spouse of an intestate, or a surviving spouse who elects to take against a decedent's will, is entitled to a reasonable allowance in money out of the estate for such surviving spouse's maintenance during the period of one (1) year after the death of the spouse, according to the surviving spouse's previous standard of living, taking into account the condition of the estate of the deceased spouse. The court may consider the totality of the circumstances in fixing the allowance authorized by this section, including assets that may have passed to the spouse outside probate. The allowance so ordered shall be made payable to the surviving spouse, unless the court finds that it would be just and equitable to make a division of it between the unmarried minor children. If there is no surviving spouse, the allowance shall be made to the unmarried minor children. The court may authorize the surviving spouse to receive any personal property of the estate in lieu of all or part of the money allowance authorized by this section, and in any case where the court makes an allowance in money, the surviving spouse shall be entitled to select and receive any personal property of the estate, of a value not exceeding the allowance in money, which shall be in lieu of and which value shall be credited against the allowance. The allowance authorized by this law is the absolute property of the surviving spouse for these uses and shall be exempt from all claims and shall not be taken into the account of the administration of the estate of the intestate or seized upon any precept or execution. In determining the amount to be allowed as a year's support, the court may, in its discretion, appoint freeholders to set aside that year's support, as previously required by law. If the allowance set by the court as provided in this section is not satisfactory to the surviving spouse electing against the decedent's will, the surviving spouse of an intestate decedent, the unmarried minor children of an intestate decedent or the personal representative, then appeal may be made to the appropriate court in accordance with § 30-2-609. Proceedings on appeal shall be de novo without the intervention of a jury except when demand for a jury is made in accordance with Tennessee Rules of Civil Procedure, Rule 38; provided, that in jurisdictions where probate matters originate in a court whose judge is also a chancellor, the appeal shall be made as otherwise provided by law; and provided further, that in cases heard in a probate court whose judge is required to have the same qualifications as prescribed for circuit judges, the appeal shall also be made as otherwise provided by law. Any action to set aside the property designated in this section shall be brought within the time limits set by § 31-4-102. Acts 1967, ch. 146, § 1; 1969, ch. 135, § 3; impl. am. Acts 1976, ch. 529, § 1; T.C.A., § 30-803; Acts 1985, ch. 140, § 10; 1993, ch. 449, § 3; 1999, ch. 491, § 2. Cross-References. Homestead, title 30, ch. 2, part 2. Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 634, 638, 640, 644, 646, 816, 943, 1020, 1080. Tennessee Forms (Robinson, Ramsey and Harwell), No. 4-1106. Law Reviews. Creditors' Rights and Security Transactions — 1954 Tennessee Survey, 7 Vand. L. Rev. 799 (1954). Decedents' Estates, Trusts and Future Interests — 1964 Tennessee Survey (Herman L. Trautman), 18 Vand. L. Rev. 1185 (1965). Inheritance and Gift Taxes — Revised (Steven A. Rajtor), 16 No. 2 Tenn. B.J. 24 (1980). Insurance Proceeds in Trust (Troy Beatty, Jr.), 28 Tenn. L. Rev. 344 (1961). Tax Consequences of Widow's Allowances, 18 Vand. L. Rev. 1652 (1965). Tennessee Law and Equal Rights Amendment: Property Law, Employment Relations and Juries, 3 Mem. St. U.L. Rev. 327 (1973). Wrongful Death Actions in Tennessee (T.A. Smedley), 27 Tenn. L. Rev. 449 (1960). Wrongful Death in Tennessee — New Solutions to Recurring Problems, 9 Mem. St. U.L. Rev. 85 (1979).