Under Tennessee law, the surviving spouse may elect to take 1/3 of the deceased spouse’s estate.  This spousal elective share is subject to the reduction for expenses paid for the decedent’s funeral, estate administration, and statutory allowances.  If the decedent, prior to death made any transfers with a fraudulent intent to avoid the surviving spouse’s award under the elective share, the transfers will be voidable.

A surviving spouse must file his or her right of election within the later of six months after the Will is admitted to probate or nine months following the decedent’s death.

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