Tennessee House Bill HB1528

Tennessee 2025-2026 Regular Session

• Introduced: 1/13/26
• Refer: 1/15/26
• Refer: 2/10/26
• Refer: 2/17/26
• Refer: 3/23/26

Caption

AN ACT to amend Tennessee Code Annotated, Title 20 and Section 63-6-1102, relative to wrongful death.

Impact

The proposed amendment to Tennessee Code Annotated, particularly in Section 20-5-106, affects the legal landscape surrounding wrongful death claims. By establishing a rebuttable presumption of abandonment after a three-year period, the bill seeks to streamline the process for next of kin or children to pursue legal actions without the surviving spouse's involvement if they have been deemed to have abandoned the deceased. This could potentially lead to an increase in wrongful death claims pursued by families who feel that a surviving spouse is undeserving of financial proceeds due to past behavior.

Summary

House Bill 1528 aims to amend Tennessee's laws related to wrongful death actions. Specifically, it introduces criteria regarding the rights of a surviving spouse when it is determined that they have abandoned the deceased spouse. If evidence shows that the surviving spouse has willfully withdrawn for a period of three years, the right to institute or collect proceeds from a wrongful death action may be waived. This creates a significant change in how wrongful death claims are processed in the state, particularly in cases involving family dynamics impacted by abandonment.

Sentiment

The sentiment surrounding HB 1528 is complex, as it touches upon sensitive issues of family and loss. Supporters argue that it enforces accountability in relationships, ensuring that individuals who have abandoned loved ones do not benefit unjustly from their deaths. Conversely, opponents may view the bill as provocative or unfair, particularly if there are nuances in each individual case that warrant a more compassionate approach to determining abandonment. Legal experts and advocates may debate the bill's implications on family rights and the emotional weight it carries.

Contention

Notable points of contention include the definition of 'abandonment' and the three-year threshold established in the bill, which some critics may argue is arbitrary. There are concerns about how these criteria will be applied in court and whether the rebuttable presumption is fair in circumstances where a surviving spouse may have valid reasons for their withdrawal. The bill's enactment could result in a significant shift in how wrongful death claims are handled, potentially infringing on the rights of surviving spouses in cases where the abandonment is not clearly evident.