Tag Archives: probate court

Tennessee “Uniform” Trust Code Desk Reference

As a trust nerd, I love the Tennessee Uniform Trust Code. I like keep an up to date version of it as a desk reference for myself. I created it during law school for Judge Robert S. Benham at the Probate Court of Shelby County, Tennessee in 2010. I have kept it current ever since. The desk reference includes statutory commentary and is current through the most recent legislative session. I have also included my Tennessee trust and estate legislative update which includes comments on the 110th and 111th legislative sessions. The things I do for love. If you’d like to have a copy, CLICK HERE to download a .pdf.

Stay Tuned,

Rob Malin

Tennessee Trust and Estate Law Legislative Update (April 2019)


HB0675/SB0542 (Re Trusts and Guardianships) enacted as pc0197

HB0676/SB0699 (Re Trusts and Disclaimers) enacted as pc0340

HB0190/SB0174 (Re Executor’s Oath) enacted as pc0332

What follows is my summary of the Tennessee trust and estate bills from the current legislative session and the laws from the previous legislative session as presented to the Trust and Estate section of the Memphis Bar Association on April 24, 2019.

The copies of the two most significant bills that have passed both houses with my annotations can be found here (my summary is below):  SA0339  SB0542 Continue reading Tennessee Trust and Estate Law Legislative Update (April 2019)

Probate and Trust Bill Headed for Haslam’s Desk

Update: Read Public Chapter No. 290 here.

SA0426 which revises a number of areas of the Wills, Trusts and Probate statutes has cleared the Tennessee Senate and is headed to the Governor’s desk.  This bill updates law in the following areas:

Shelby County: Go Vote! (But PLEASE be informed!) Non-Partisan Election Information.

The election is on August 7th, but early voting in Shelby County began July 18 at the Election Commission, 157 Poplar.  Early voting continues through August 2.

The satellite early vote locations opened Monday, July 21.  Monday through Friday hours are 10:00 a.m. to 7:00 p.m.  Saturday hours are 10:00 a.m. to 4:00 p.m.  Click here to find a convenient early voting location.

Click on the link below to review a sample ballot:

Shelby County August 2014 Sample Ballot.

The ballot is lengthy.  Please vote, but please do not vote uninformed.

If you are wondering who to vote for in the judicial elections, the best source for the qualifications of judicial candidates is the Memphis Bar Association Judicial Qualification Poll which is an anonymous poll of local attorneys:

2014 Memphis Bar Association Judicial Qualification Poll.

Additional Election information:

Districting maps for Shelby county (county commission, state legislators, school board and etc.): http://www.shelbyvote.com/index.aspx?nid=83

Who is your US Representative? http://www.house.gov/representatives/find/

Stay Tuned.

Rob Malin

Wrong Ruling in Lorenzen Wright Case? Appeals Court Rules that Lower Court had no Authority to Investigate Ex-Wife’s $1 Million Apparent Misappropriation

Update: According to the Commercial Appeal, a court is contemplating removing Sherra Wright as Trustee of the Insurance Proceeds Trust (the article does not relate which, but I expect that it is the Circuit Court).  Click here to read more.

In an opinion dated March 27, 2014, the Tennessee Court of Appeals ruled that a Probate Court Judge exceeded his authority when he appointed an attorney (known as a Guardian ad litem) to investigate how Sherra Wright spent the nearly $1 million dollars that she was in charge of for the benefit of Lorenzen Wright’s children.

This particular proceeding was the latest in a series of cases involving the children and their inheritance from their father, Lorenzen Wright.

In this proceeding, Sherra Wright (the mother of Lorenzen Wright’s children) and Herbert Wright (Lorenzen Wright’s father, and the grandfather of the children) fought Continue reading Wrong Ruling in Lorenzen Wright Case? Appeals Court Rules that Lower Court had no Authority to Investigate Ex-Wife’s $1 Million Apparent Misappropriation