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TN SB1743
Bill
Status
1/16/2026
Primary Sponsor
Janince Bowling
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AI Summary
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Surviving spouses lose the right to file or collect proceeds from wrongful death actions if children or next of kin establish the spouse abandoned or willfully withdrew from the deceased for three years
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A rebuttable presumption of abandonment is created once three years have passed since the abandonment or willful withdrawal occurred
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Children or next of kin must serve the surviving spouse with legal process according to civil procedure rules when challenging their wrongful death rights
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Expands the definition of "person" in wrongful death law to include an unborn child as defined in § 63-6-1102
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Effective date: July 1, 2026
Legislative Description
AN ACT to amend Tennessee Code Annotated, Title 20 and Section 63-6-1102, relative to wrongful death.
Tort Liability and Reform
Last Action
Placed on Senate Judiciary Committee calendar for 3/17/2026
3/16/2026