Can I disinherit my spouse or child in Tennessee?

1. Spousal Disinheritance. Tennessee is a separate-property state. Under T.C.A. § 31-4-101, the surviving spouse may elect against the will and take a share calculated on a sliding scale based on years of marriage: 10% if less than 3 years, 20% if 3 to less than 6 years, 30% if 6 to less than 9 years, and 40% if 9 or more years, computed against the net estate.

2. Augmented Estate. Tennessee's elective share applies to the "net estate," defined under T.C.A. § 31-4-101(b)(1) to include the probate estate plus certain non-probate transfers (revocable transfers, joint property, life insurance proceeds payable to estate, etc.) — partnership-theory inspired.

3. Elective Share Procedure. The election must be filed in writing in the probate court within nine months after the date of death or, if proceedings are pending, within six months after probate, whichever is later, under T.C.A. § 31-4-102.

4. Pretermitted Child. Under T.C.A. § 32-3-103, a child born or adopted after the will is executed who is not provided for receives an intestate share unless the omission was intentional or provided for outside the will.

5. Intentional Disinheritance of Child. Adult and known children may be entirely disinherited; no forced heirship.

6. Louisiana Forced Heirship. Does not apply in Tennessee.

7. Prenuptial / Postnuptial Waiver. Tennessee enforces premarital agreements under T.C.A. § 36-3-501 with voluntary signing and adequate knowledge of the other spouse's holdings.

8. Homestead, Family Allowance, Exempt Property. Homestead allowance of $5,000 under T.C.A. § 30-2-201, year's support under § 30-2-102, and exempt property in addition to the elective share.

9. Will Contest Grounds. Lack of capacity, undue influence, fraud, or improper execution; contest filed in chancery or probate court within two years of probate under T.C.A. § 32-4-108.

This is legal information, not legal advice.