Auto Accident Lawyer

I was asked by families (and defendants), where is the money in a case of wrongful death in Tennessee. In Tennessee, wrongful death, proceeds will be distributed according to the laws of the questions of legal succession. Kline v. Eyrich, 69 s.w.2d. 3d 197, 202 n. 3 (Tennessee 2002).

The proceeds of a wrongful death case in contrast to a violation of pass case free of claims of creditors. Tennessee code Ann sec. 20-5-108(b) and 20-5 106. foster v. Jeffers, 813 form 449 (TN, CA, 1991).

Tennessee code section 31-2-104 lays down the rules for succession Erbengemeinschaften (dies intestate):

(a) which is the surviving spouse, intestate:

(1) If there no survivors output of the deceased, the entire property intestate; or

(2) If it output of the deceased, either a one-third (1 / 3 are survivors) or a child share of the entire intestate estate, the greater.

(b) the part of the intestate, the surviving spouse under subsection (a) or the entire property without testament not passed settlement on when there is no surviving spouse as follows:

1) On the question of the verstorbene; If they all just take them the same degree of kin are deceased, but if the unequal degree, then the more remote degree by representation;

(2) If there no survivors problem on the deceased parent or parents alike;

(3) Where there is no survivor problem or parents, to the brothers and sisters, and the question of the individual deceased brother and sister of representation; If not take it surviving brother or sister, you the issue of brothers and sisters of the presentation; or

(4) If there is problem, parent or a parent issue, but the late is no survivors survived by half of the property is one or more grandparents or question the grandparents, grandparents or the question of paternal if both survive to the survivors of the paternal grandparents of the grandparents, if both deceased, are under the problem as well, if they are all the same degree of relationship, the deceased are, but if the unequal degree the more remote degree of representation; take and the other half passes the maternal relatives in the same way; But if it passes no survivors grandparents or question the grandparents on the paternal or maternal side, the entire property the relatives on the other hand the same way as the half.

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