Each party hereby disclaims as to the separate property of the other all marital rights and rights of descent and distribution including all rights and claims regarding homestead dower years support widows allowance and right of election to take against the estate or will of the other party including but not limited to the rights granted under TCA 31-4-101 et seq. Such disclaimer shall apply as to all rights now in effect or hereafter coming into existence regardless of the nature source or description of such rights. In the event that any spouse were entilted contrary to the intent and terms in this agreement to make any election to take a spousal share either testate or intestate the separate property of the decedent shall not be in considered in computing the spousal share and shall not be used to fund the spousal share. In addition each party does hereby waive any right under law to serve as personal representative of the estate of the other. Likewise each party does hereby waive any rights as a surviving spouse to the pension benefits or similar benefits of the other party, except to the extent that such benefits may be payable only to a surviving spouse.
It means whomever is signing this should speak to a family law attorney before signing it. I'm not a family law attorney but it appears that they would be giving up complete rights to anything the spouse currently has or will get in the future including pensions and anything they might be entitled to under law if the spouse died.
Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and I strongly suggest you consult with an attorney in your city and state as Statute of Limitation deadlines can limit your recovery.
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