by Joel Roettger | Nov 1, 2019 | Probate
Under certain circumstances, a Tennessee probate court can, on its own initiative, issue an order closing an “old and cold” probate estate. The criteria for closing the estate in this manner are as follows: The estate has been open for at least 18 months; ...
by Joel Roettger | May 8, 2019 | Probate
The Tennessee Code has a statute for that. Tennessee Code Section 35-15-110 contains a laundry list of powers that an executor possesses by default unless the will says otherwise. Among them is the following: … to permit any beneficiary or beneficiaries of the...
by Joel Roettger | Feb 13, 2019 | Probate, Trusts
What happens? Tennessee has a statute for that: The effect of a sentence of imprisonment in the penitentiary is to put an end to the right of the inmate to execute the office of executor, administrator or guardian, fiduciary or conservator, and operates as a removal...
by Joel Roettger | Jan 26, 2019 | Estate Planning, Probate, Trusts, Uncategorized
Does Tennessee’s anti-lapse statute apply when the remainder beneficiary of a trust dies before the trust terminates? No. Tennessee’s anti-lapse statute is a savings clause for bequests. It states: Whenever the devisee or legatee or any member of a class...
by Joel Roettger | Nov 13, 2018 | Estate Planning, Probate, Tax, Trusts
No, but you would not know that from reading the statute. The 65-day rule is a taxpayer-friendly provision involving the income taxation of trusts and estates. It allows the trustee of a trust or executor of an estate to treat certain distributions made in one tax...
by Joel Roettger | May 3, 2018 | Estate Planning, Probate
Tennessee has a statute for that. T.C.A. §§ 32-1-201 and 32-1-202 set forth the exclusive means of revoking a will under Tennessee law. As discussed in a previous post, Section 202 addresses revocation as a result of divorce or annulment. Section 201 lists four other...
