Tennessee § 35-15-604 Limitation on action contesting validity of revocable trust - Distribution of trust property

Tennessee Statutes

§ 35-15-604 — Limitation on action contesting validity of revocable trust - Distribution of trust property

Tennessee § 35-15-604

Title35

This text of Tennessee § 35-15-604 (Limitation on action contesting validity of revocable trust - Distribution of trust property) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 35-15-604 (2026).

Text

(a)A person may commence a judicial proceeding to contest the validity of a trust that was revocable immediately preceding the settlor's death within the earlier of:

(1)Two (2) years after the settlor's death; or (2) One hundred twenty (120) days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, the trustee's name and address, and the time allowed for commencing a proceeding to contest the validity of the trust.

(b)Upon the death of the settlor of a trust that was revocable immediately preceding the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. Except as provided in § 35-15-817 , the trustee is subject to liability for making the distribution

Free access — add to your briefcase to read the full text and ask questions with AI

(a) A person may commence a judicial proceeding to contest the validity of a trust that was revocable immediately preceding the settlor's death within the earlier of: (1) Two (2) years after the settlor's death; or (2) One hundred twenty (120) days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, the trustee's name and address, and the time allowed for commencing a proceeding to contest the validity of the trust. (b) Upon the death of the settlor of a trust that was revocable immediately preceding the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. Except as provided in § 35-15-817 , the trustee is subject to liability for making the distribution only if at the time of the distribution: (1) The trustee had actual knowledge of a pending judicial proceeding contesting the validity of the trust; or (2) A potential contestant had notified the trustee in writing of a possible judicial proceeding to contest the trust and the judicial proceeding is commenced within sixty (60) days following the trustee's receipt of the notification. (c) In the event a trust or trust provision is adjudged to be invalid, or if a distribution is adjudged to have been made in error, by the final judgment of the court having jurisdiction, which judgment is subject to no further appeal, any beneficiary having received an improper distribution shall, upon receipt of a copy of such order, return the improper distribution to the court. If the beneficiary fails to return the improper distribution to the court, the beneficiary is liable for costs, including reasonable attorney's fees, incurred to recover the improper distribution from the beneficiary.