Tag Archives: probate

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)

Update:

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)

What happens when your child with special needs turns 18?

While your child with special needs is under eighteen, there is no question that you, the parent, are the decision maker. Upon attaining the age of eighteen, your child becomes an adult in the eyes of the law and is presumed to be able to handle their own affairs. This presents a problem for parents of children with special needs.  Once your child attains eighteen, you are no longer legally eligible to make decisions for your now adult child.  Continue reading What happens when your child with special needs turns 18?

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:

Tennessee Small Estate Affidavit Increased to $50,000

Signed into law by Governor Haslam on April 29, 2014, the small estate affidavit procedure will now cover substantially more small estates.

The Small Estate Affidavit is an abbreviated procedure in Tennessee that avoids the necessity of a formal probate administration in certain qualifying estates.  The affidavit is a “one and done” probate process—it can be handled in a single court filing and appearance.

The new law qualifies estates that are less than $50,000 for this less costly process.  Formerly, only estates with less than $25,000 qualified.

Click here to read the new law.  The relevant portion is on page 3 at Sections 8 and 9:

SECTION 8. Tennessee Code Annotated, Section 30-4-102(5), is amended by deleting the language “twenty-five thousand dollars ($25,000)” and substituting the language “fifty thousand dollars ($50,000)”.

SECTION 9. This act shall take effect on becoming law, the public welfare requiring it.

Stay tuned.

Rob Malin