| 1 | 1 | | |
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| 2 | 2 | | HOUSE BILL 755 |
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| 3 | 3 | | By Faison |
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| 4 | 4 | | |
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| 5 | 5 | | SENATE BILL 1127 |
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| 6 | 6 | | By Rose |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | SB1127 |
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| 10 | 10 | | 002634 |
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| 11 | 11 | | - 1 - |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 30 |
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| 14 | 14 | | and Title 31, relative to estates. |
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| 15 | 15 | | |
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| 16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 17 | 17 | | SECTION 1. Tennessee Code Annotated, Section 30-2-103(b), is amended by deleting |
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| 18 | 18 | | the subsection and substituting: |
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| 19 | 19 | | (b) |
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| 20 | 20 | | (1) An employer shall pay any wages or other compensation owed a |
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| 21 | 21 | | deceased employee at the time of the employee's death directly to the surviving |
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| 22 | 22 | | spouse of a decedent or, if there is no surviving spouse, to the surviving children |
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| 23 | 23 | | of the decedent as tenants in common. |
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| 24 | 24 | | (2) |
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| 25 | 25 | | (A) If six (6) months have passed since the decedent's death |
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| 26 | 26 | | without an application being made for the appointment of a personal |
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| 27 | 27 | | representative, then a person other than an employer owing or holding |
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| 28 | 28 | | funds for a decedent is authorized to pay a sum not exceeding ten |
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| 29 | 29 | | thousand dollars ($10,000) directly to the surviving spouse of a decedent |
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| 30 | 30 | | or, if no surviving spouse exists, to the surviving children of the decedent |
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| 31 | 31 | | as tenants in common. |
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| 32 | 32 | | (B) If such funds exceed ten thousand dollars ($10,000), then the |
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| 33 | 33 | | excess must be paid to the personal representative or as otherwise |
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| 34 | 34 | | ordered by the court. |
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| 35 | 35 | | |
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| 36 | 36 | | |
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| 37 | 37 | | - 2 - 002634 |
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| 38 | 38 | | |
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| 39 | 39 | | (3) All sums paid pursuant to this subsection (b) must be charged against |
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| 40 | 40 | | the elective share, homestead allowance, and year's support allowance as |
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| 41 | 41 | | applicable. If a person entitled to receive payment under this subsection (b) is a |
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| 42 | 42 | | minor, then the sum must be paid to the guardian or custodian for the minor's |
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| 43 | 43 | | benefit. |
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| 44 | 44 | | SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it. |
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