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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) If an individual dies intestate as to all or a portion of the individual's estate, property the decedent gave during the decedent's lifetime to a child of the decedent is treated as an advancement against the child's intestate share only if:
(1) The decedent declared in a contemporaneous writing, or the child acknowledged in writing, that the gift is an advancement; or
(2) The decedent's contemporaneous writing or the child's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.
(b) For purposes of subsection (a), property advanced is valued as of the time the child came into possession or enjoyment of the property or as of the time of the decedent's death, whichever first occurs.
(c) If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate, unless the decedent's contemporaneous writing provides otherwise.
(d) The further provisions of this chapter concerning collation of property shall apply only if there has been an advancement as determined in accordance with subsection (a).
Cite this article: FindLaw.com - Tennessee Code Title 31. Descent and Distribution § 31-5-101 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-31-descent-and-distribution/tn-code-sect-31-5-101/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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