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Under Tennessee law a parent can not inherit from an intestate child (child with no will) until all child support owed is paid.

Posted on Apr 12 2013 9:29AM by Attorney, Jason A. Lee

If a parent owes child support, that parent can not inherit from their child in a situation where the child does not have a will.  T.C.A. § 31-2-105(b) provides specific requirements for any parent to inherit from a child when that parent owes child support.  This statute provides as follows:

 

(b) In no event shall a parent be permitted to inherit through intestate succession until all child support arrearages together with interest thereon at the legal rate of interest computed from the date each payment was due have been paid in full to the parent ordered to receive support or to the parent's estate if deceased.

 

As a result, a parent must pay all back child support as well as interest from the date each payment was actually due to be made.  If the parent to whom child support is owed is deceased, then the surviving parent must make payments owed to the deceased parent’s estate before the parent can inherit from the child.

 

Follow me on Twitter at @jasonalee for updates from the Tennessee Wills and Estates blog.

TAGS: Intestate, Probate Process, Minor Children, Tennessee Probate Law
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Jason A. Lee is a Member of Burrow Lee, PLLC. Contact Jason at 615-540-1004 or jlee@burrowlee.com for an initial consultation on wills estate planning and probate issues.

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Tennessee Wills and Estates Blog
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