Tag Archives: trustee

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)

When the Estate Plan Goes South: Fiduciary Litigation – Beneficiary versus Trustee.

fiduciary litigationI know you have been hanging on my every word.  I know that you have been wondering what could I possibly be up to that is so important that I don’t have time for you.   I’m sorry.  I never intended to neglect you.  My only excuse is that litigation is taking up more and more of my time.

But Rob, I thought you were an estate planner!  What are you doing in litigation?   That’s an excellent question.

The answer is: Fiduciary Litigation.

What is Fiduciary Litigation you ask?  Another great question.

Well, lets start with what a fiduciary is.   Continue reading When the Estate Plan Goes South: Fiduciary Litigation – Beneficiary versus Trustee.

Having a Baby? You need a Will.

If you have a child or are expecting your first, its time to pony up and get a Will.  This is your responsibility as a parent.

Personal Guardian.  If something happens to you, you can name a guardian for your child in a Will.  A guardian is the individual who makes decisions for your child such as what school and church to attend, who cares for the child, where the child lives.  Typically the personal guardian raises your child in your absence.  If you do not have a Will or fail to name a personal guardian in your Will, then a Court has no guidance as to who it should be. It is not hard to imagine that the choice a court might would make you roll over in your grave.  Why leave it to chance?

Financial Guardian. If your child is under 18, then the child is legally unable to manage their own property.  If the child inherits something, then the child must have a financial guardian appointed by a court to manage their inheritance.  The financial guardian has to ask the Court’s permission to access trust property and must have an attorney.  In other words, it is expensive and avoidable.

Continue reading Having a Baby? You need a Will.