Tennessee SB 1910: State Symbols - As enacted, designates "Tennessee, Tennessee" by Wayne Jerrolds as an official state song. - Amends TCA Title 4, Chapter 1, Part 3.

Bill Text

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State f/J ennessee
PUBLIC CHAPTER NO. 616
SENATE BILL NO. 1910
By Stevens, Seal
Substituted for: House Bill No. 2454
By Garrett
AN ACT to amend Tennessee Code Annotated, Title 32; Title 35 and Title 67, relative to trust and
estate law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 32-1-107, is amended by redesignating
the current section as subsection (a) and adding the following new subsection:
(b) A will described in subsection (a) is sufficiently proved to be admitted to probate in
this state if it is proved that the will could be admitted to probate:
(1) In the state where it was signed;
(2) Under the law of the testator's domicile at the time of its execution; or
(3) In a manner prescribed by§ 32-2-104, § 32-2-105, or§ 32-2-110.
SECTION 2. Tennessee Code Annotated, Section 35-15-110, is amended by deleting the
section and substituting:
(a) A charitable organization expressly designated to receive distributions under the
terms of a trust has the rights of a qualified beneficiary under this chapter, if the charitable
organization, on the date the charitable organization's qualification is being determined,
would be a qualified beneficiary under this chapter if such charitable organization were an
individual beneficiary. Any such charitable organization expressly designated in the terms of
a trust may receive notice and information pursuant to§§ 35-15-705, 35-15-813, and 35-15-
817, and participate in nonjudicial settlement agreements under§ 35-15-111.
(b) The attorney general and reporter may exercise the rights of a qualified
beneficiary with respect to a charitable trust having its principal place of administration in this
state if all of the interests in the trust that are for a charitable purpose, in the aggregate, on
the date the attorney general and reporter's qualification is being determined, would cause
an individual beneficiary to be a qualified beneficiary under this chapter if all of such interests
were for the benefit of an individual beneficiary instead of for charitable purposes.
SECTION 3. Tennessee Code Annotated, Section 35-15-103, is amended by deleting the
language "an agreement of the qualified beneficiaries" wherever it appears and substituting "a
nonjudicial settlement agreement".
SECTION 4. Tennessee Code Annotated, Section 35-15-414(a}, is amended by deleting the
language "one hundred thousand dollars ($100,000)" and substituting "two hundred fifty thousand
dollars ($250,000)".
SECTION 5. Tennessee Code Annotated, Section 35-15-709, is amended by adding the
following as a new subsection:
(c) A trustee may pay properly incurred expenses directly from the trust estate,
including the payment of attorney's fees and expenses in defense of an action of the trustee.

SB 1910
This subsection (c) does not limit the ability of the court to prevent further disbursement from
the trust by the trustee, or demand immediate reimbursement back to the trust property at
any time, or authorize an award pursuant to part 10 of this chapter.
SECTION 6. Tennessee Code Annotated, Section 35-15-710, is amended by deleting the
language "an agreement of the qualified beneficiaries" and substituting "a nonjudicial settlement
agreement".
SECTION 7. Tennessee Code Annotated, Section 35-15-808(b), is amended by deleting the
language "an agreement of the qualified beneficiaries" and substituting "a nonjudicial settlement
agreement".
SECTION 8. Tennessee Code Annotated, Section 35-15-817(f), is amended by adding the
following language to the end of the subsection:
In order to be effective, any such person's objection must identify with reasonable specificity
the portion of the notice or exhibits to which the beneficiary objects and the basis for the
objection. A general objection without reasonable specificity is ineffective and must be
disregarded.
SECTION 9. Tennessee Code Annotated, Section 35-15-8170), is amended by adding the
following language to the end of the subsection:
Any objection may also be withdrawn at any time in writing and such objection will have no
effect andwill be disregarded.
SECTION 10. Tennessee Code Annotated, Section 35-15-817(k), is amended by deleting
the language "ten (10) business days" and substituting "five (5) business days".
SECTION 11. Tennessee Code Annotated, Section 35-15-818, is amended by deleting the
language "subdivision (a)(1 )" and substituting "subdivision (1 )".
. SECTION 12. Tennessee Code Annotated, Section 35-15-818, is amended by deleting the
language "and" at the end of subdivision (11 ), deleting subdivision (12), and substituting:
(12) The trustee may exercise the power to appoint principal under subdivision (1) by
modifying or restating the trust instrument; and
(13) For pur-poses of this section:
(A) "Original trust" means the trust from which principal is being distributed;
and
(8) "Second trust" means an original trust after modification or restatement
under th