reglab/housing_qa huggingface dataset:
TN Code § 35-15-810 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 8 - Duties and Powers of Trustee|§ 35-15-810. Recordkeeping and Identification of Trust Property

  A trustee shall keep adequate records of the administration of the trust.   A trustee shall keep trust property separate from the trustee's own property.   Except as otherwise provided in subsection (d), a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.   If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two or more separate trusts.   For all purposes under the Tennessee Uniform Trust Code, when a trust is apportioned into separate shares for a single beneficiary or related beneficiary group, the apportioned separate share of the trust shall be treated as separate trusts even though such share may be commingled with other separate shares for investment and tax reporting purposes as provided in this section.
TN Code § 35-15-811 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 8 - Duties and Powers of Trustee|§ 35-15-811. Enforcement and Defense of Claims

  A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.   A trustee may abandon or assign any claim that it believes is unreasonable to enforce to one or more of the beneficiaries of the trust holding the claim.
TN Code § 35-15-812 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 8 - Duties and Powers of Trustee|§ 35-15-812. Collecting Trust Property

 A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee, and to redress a breach of trust known to the trustee to have been committed by a former trustee. No successor trustee appointed after the examination of the accounts of a trustee or the waiver of the examination by the beneficiaries shall be responsible for the acts and omissions of the prior trustee.
TN Code § 35-15-815 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 8 - Duties and Powers of Trustee|§ 35-15-815. General Powers of Trustee

  A trustee, without authorization by the court, may exercise:  Powers conferred by the terms of the trust; and   Except as limited by the terms of the trust:  All powers over the trust property which an unmarried competent owner has over individually owned property;   Any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and   Any other powers conferred by this chapter.       The exercise of a power is subject to the fiduciary duties prescribed by this part.
TN Code § 35-15-817 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 8 - Duties and Powers of Trustee|§ 35-15-817. Distribution Upon Termination — Petition for Accounting

  Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within thirty (30) days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection. For the purpose of determining the date a proposed distribution was sent, where exact confirmation is unavailable, it can be assumed it was received five (5) days after the date of mailing.   Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes.   Notwithstanding subsections (a) and (b), any qualified beneficiary or trustee may petition the court for a final accounting covering a resigning or removed trustee's period of administration or the period since an accounting was last approved by the court as allowed under § 35-15-205.
TN Code § 35-15-901 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 9 - “Uniform Principal and Income Act” and “Tennessee Uniform Prudent Investor Act of 2002” Incorporated|§ 35-15-901. Uniform Principal and Income Act and Tennessee Uniform Prudent Investor Act of 2002 Incorporated by Reference

 Title 35, chapter 6 and chapter 14 are incorporated in this chapter by reference.
TN Code § 35-15-1001 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 10 - Liability of Trustees and Rights of Persons Dealing With Trustee|§ 35-15-1001. Remedies for Breach of Trust

  A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.   To remedy a breach of trust that has occurred or may occur, the court may:  Compel the trustee to perform the trustee's duties;   Enjoin the trustee from committing a breach of trust;   Compel the trustee to redress a breach of trust by paying money, restoring property, or other means;   Order a trustee to account;   Appoint a special fiduciary to take possession of the trust property and administer the trust;   Suspend the trustee;   Remove the trustee as provided in § 35-15-706;   Reduce or deny compensation to the trustee;   Subject to § 35-15-1012, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or   Order any other appropriate relief whether provided elsewhere in this chapter, available at common law or under equity principles.
TN Code § 35-15-1002 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 10 - Liability of Trustees and Rights of Persons Dealing With Trustee|§ 35-15-1002. Damages for Breach of Trust

  Except as otherwise provided in § 35-3-117(a)-(d) with regard to investment of trust funds or elsewhere in this chapter, a trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:  The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or   The profit the trustee made by reason of the breach.     Except as otherwise provided in this subsection (b), if more than one (1) trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.
TN Code § 35-15-1003 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 10 - Liability of Trustees and Rights of Persons Dealing With Trustee|§ 35-15-1003. Damages in Absence of Breach

 Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.
TN Code § 35-15-1004 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 10 - Liability of Trustees and Rights of Persons Dealing With Trustee|§ 35-15-1004. Attorney's Fees and Costs

  In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.   In a nonjudicial proceeding involving the administration of a trust, the trustee may pay fees, other reasonable costs and expenses from the trust assets where all of the parties to the proceeding agree in writing.   In a mediation or arbitration proceeding involving the administration of a trust, the mediator or arbitrator may award fees, other reasonable costs and expenses against the assets of the trust.
TN Code § 35-15-1005 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 10 - Liability of Trustees and Rights of Persons Dealing With Trustee|§ 35-15-1005. Limitation of Action for Breach of Trust Against Trustee, Former Trustee, Trust Advisor, or Trust Protector

  A beneficiary, trustee, trust advisor, or trust protector shall not commence a proceeding against a trustee, former trustee, trust advisor, or trust protector for breach of trust more than one (1) year after the earlier of:  The date the beneficiary, trustee, trust advisor, or trust protector or a representative of the beneficiary, trustee, trust advisor, or trust protector was sent information that adequately disclosed facts indicating the existence of a potential claim for breach of trust; or   The date the beneficiary, trustee, trust advisor, or trust protector or a representative of the beneficiary, trustee, trust advisor, or trust protector possessed actual knowledge of facts indicating the existence of a potential claim for breach of trust.     For purposes of this section, facts indicate the existence of a potential claim for breach of trust if the facts provide sufficient information to enable the beneficiary; trustee; trust advisor; trust protector; or the representative of the beneficiary, trustee, trust advisor, or trust protector to have actual knowledge of the potential claim, or have sufficient information to be presumed to know of the potential claim or to know that an additional inquiry is necessary to determine whether there is a potential claim.   If subsection (a) does not apply, a judicial proceeding against a trustee, former trustee, trust advisor, or trust protector for breach of trust must be commenced within three (3) years after the first to occur of:  The removal, resignation, or death of the trustee, former trustee, trust advisor, or trust protector;   The termination of the beneficiary's interest in the trust; or   The termination of the trust.     Notwithstanding subsections (a)-(c), no trustee, trust advisor, or trust protector may commence a proceeding against a trustee or a former trustee if, under subsection (a), (b), or (c), none of the beneficiaries would be entitled to commence a proceeding against a trustee or a former trustee for a breach of trust.   Notwithstanding subsections (a)–(c), no beneficiary, trustee, trust advisor, or trust protector may commence a proceeding against a trustee or former trustee for any matter covered by a final accounting approved by the court under  § 35-15-205.
TN Code § 35-15-1006 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 10 - Liability of Trustees and Rights of Persons Dealing With Trustee|§ 35-15-1006. Reliance on Trust Instrustment

 A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.
TN Code § 35-15-1007 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 10 - Liability of Trustees and Rights of Persons Dealing With Trustee|§ 35-15-1007. Event Affecting Administration or Distribution

 If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge.
TN Code § 35-15-1008 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 10 - Liability of Trustees and Rights of Persons Dealing With Trustee|§ 35-15-1008. Exculpation of Trustee

  A provision of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:  Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or   Was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.     An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.
TN Code § 35-15-1009 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 10 - Liability of Trustees and Rights of Persons Dealing With Trustee|§ 35-15-1009. Beneficiary's Consent, Release, or Ratification

 A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented in writing to the conduct or transaction constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:   The consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or   At the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.
TN Code § 35-15-1010 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 10 - Liability of Trustees and Rights of Persons Dealing With Trustee|§ 35-15-1010. Limitation on Personal Liability of Trustee

  Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.   Except as otherwise provided in subsection (a) or (c), the debts, obligations and liabilities incurred by a trustee by reason of the ownership, management or control of trust property in the trustee's fiduciary capacity, shall be enforceable solely against the trust and its property, without any obligation or liability personally being borne by any trustee of such trust.   A trustee is personally liable for torts committed in the course of administering a trust only if the trustee is personally at fault on account of the trustee's own willful misconduct proven by clear and convincing evidence.   A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.
TN Code § 35-15-1011 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 10 - Liability of Trustees and Rights of Persons Dealing With Trustee|§ 35-15-1011. Interest as General Partner

  Except as otherwise provided in subsection (c) or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to the Uniform Partnership Act, compiled in title 61, chapter 1, or the Uniform Limited Partnership Act, compiled in title 61, chapter 2.   Except as otherwise provided in subsection (c), a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault on account of the trustee's own willful misconduct proven by clear and convincing evidence.   The immunity provided by this section does not apply if an interest in the partnership is held by the trustee in a capacity other than that of trustee.   If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.
TN Code § 35-15-1012 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 10 - Liability of Trustees and Rights of Persons Dealing With Trustee|§ 35-15-1012. Protection of Person Dealing With Trustee

  A person other than a beneficiary who in “good faith”, as defined in § 47-1-201, assists a trustee, or who in “good faith” and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.   A person other than a beneficiary who in “good faith” deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.   A person who in “good faith” delivers assets to a trustee need not ensure their proper application.   A person other than a beneficiary who in “good faith” assists a former trustee, or who in “good faith” and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.   Comparable protective provisions of other laws, see §§ 47-8-101 — 47-8-407, relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.
TN Code § 35-15-1101 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 11 - Miscellaneous Provisions|§ 35-15-1101. No Consideration Given to Need to Promote Uniformity of Application and Construction of Law

  Numerous provisions of each of the following have been modified extensively relative to their respective uniform acts as such uniform acts were drafted and have been amended by the Uniform Law Commission, also known as the National Conference of Commissioners of Uniform State Laws:  Chapter 6, the Uniform Principal and Income Act;   Chapter 14, the Tennessee Uniform Prudent Investor Act of 2002; and   Chapter 15, the Tennessee Uniform Trust Code.     These modifications were undertaken deliberately and after significant consideration:  Therefore, in applying and construing title 35, no consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states, including any other state that has enacted laws covering the same general subject matter as Chapters 9 14 or 15, either by enacting such respective uniform acts as such uniform acts were originally drafted or as such were originally drafted and subsequently have been amended, or by enacting laws based on or similar to such uniform acts as originally drafted or as such have been amended; and   Unless specifically provided otherwise in this chapter, chapter 6 or chapter 14, courts shall not consult, rely on or give any persuasive value to such uniform acts or any respective other state's acts based on or similar to such uniform acts, or any comments accompanying any such uniform acts or any respective other state's acts based on or similar to such uniform acts; none of which have any force or effect relative to trusts governed by the laws of this state.
TN Code § 35-15-1102 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 11 - Miscellaneous Provisions|§ 35-15-1102. Electronic Records and Signatures

 The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7002), and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act.
TN Code § 35-15-1103 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 11 - Miscellaneous Provisions|§ 35-15-1103. Application to Existing Relationships

  Except as otherwise provided in this chapter, on July 1, 2004:  This chapter applies to all trusts created before, on, or after July 1, 2004;   This chapter applies to all judicial proceedings concerning trusts commenced on or after July 1, 2004;   This chapter applies to judicial proceedings concerning trusts commenced before July 1, 2004, unless the court finds that application of a particular provision of this chapter would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this chapter does not apply and the superseded law applies;   Any rule of construction or presumption provided in this chapter applies to trust instruments executed before July 1, 2004, unless there is a clear indication of a contrary intent in the terms of the trust; and   An act done before July 1, 2004, is not affected by this chapter.     If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before July 1, 2004, that statute continues to apply to the right even if it has been repealed or superseded.
TN Code § 35-15-1104 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 11 - Miscellaneous Provisions|§ 35-15-1104. Alter Ego

  Absent clear and convincing evidence, no settlor of an irrevocable trust may be deemed to be the alter ego of a trustee of such trust.   None of the following factors, by themselves or in combination, may be considered sufficient evidence for a court to conclude that the settlor controls a trustee, or is the alter ego of a trustee of such trust:  Any combination of the factors listed in § 35-15-1105 regarding dominion and control over a trust;   Isolated occurrences where the settlor has signed checks, made disbursements, or executed other documents related to such trust as a trustee, a trust advisor or a trust protector, when in fact the settlor was not such a trustee, trust advisor or trust protector;   Making any requests for distributions on behalf of beneficiaries; or   Making any requests to the trustee to hold, purchase, or sell any trust property.