Tennessee Code Annotated
Tenn. Code Ann. § 35-7-106 (2024)
Transfer authorized by will or trust
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a) A personal representative or trustee may make an irrevocable transfer pursuant to § 35-7-110, to a custodian for the benefit of a minor as authorized in the governing will or trust or by a judicial order.
- (b) If the testator or settlor has nominated a custodian under § 35-7-104, to receive the custodial property, the transfer must be made to that person.
- (c) If the testator or settlor has not nominated a custodian or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under § 35-7-110(a).
Acts 1992, ch. 664, § 1; T.C.A. § 35-7-206.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2025–2025 · leading case: In re Est. of Ruby Smith, No. M2024-01256-COA-R3-CV (Tenn. Ct. App. Oct. 14, 2025).
In re Est. of Ruby Smith, No. M2024-01256-COA-R3-CV (Tenn. Ct. App. Oct. 14, 2025). “See Tenn. Code Ann. § 35-7-106 . 2 For the remainder of this opinion, any reference to “Ms.”
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