House Bill 1528, also known as Senate Bill 1743, amends Tennessee Code Annotated regarding wrongful death actions. The bill introduces new provisions that allow the right of a surviving spouse to institute and collect proceeds from a wrongful death action to be waived if the deceased's children or next of kin can prove that the spouse has abandoned the deceased for a period of three years, as defined in existing law. Additionally, if three years have elapsed since the abandonment or willful withdrawal, a rebuttable presumption of abandonment is established. The bill also stipulates that the child or next of kin must serve the surviving spouse with legal process in accordance with civil procedure rules.

Furthermore, the bill clarifies the definition of "person" within the context of wrongful death actions to include unborn children, as referenced in Section 63-6-1102. The changes are set to take effect on July 1, 2026, emphasizing the importance of these amendments for the public welfare.

Statutes affected:
Introduced: 20-5-106