Tennessee § 31-4-104 - Mental incompetency or minority of surviving spouse.

§ 31-4-104. Mental incompetency or minority of surviving spouse.

When the surviving spouse has been adjudged mentally incompetent as described by title 34, chapters 1-3, or is under the age of eighteen (18) years, at the time the will is admitted to probate, upon a petition filed by a guardian, conservator or next friend of either, within one (1) year from probate, or within any extension period so granted, alleging that it would be to the interest of the survivor to take the survivor's elective share, the court having the proper jurisdiction is empowered to appoint a guardian ad litem and hear proof and to declare or not declare an election, and enter judgment accordingly, subject to appeal. Acts 1976, ch. 529, § 1; 1977, ch. 25, §§ 4, 5; T.C.A., §§ 31-605, 31-619. Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 812, 814. Tennessee Jurisprudence, 25 Tenn. Juris., Wills, § 166. Law Reviews. Intestate Succession in Tennessee (Douglas P. Quay), 8 Mem. St. U.L. Rev. 63 (1978). Survey of Tennessee Property Law, V. Trusts (Beverly A. Rowlett), 48 Tenn. L. Rev. 95 (1981). Collateral References. Extension of time within which spouse may elect to accept or renounce will. 59 A.L.R.3d 767. Factors considered in making election for incompetent to take under or against will. 3 A.L.R.3d 6. Time within which election must be made for incompetent to take under or against will. 3 A.L.R.3d 119.