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In Tennessee, a guardian or conservator must be appointed to distribute a share from an estate to an infant or incompetent individual.

Posted on Sep 8 2013 9:23PM by Attorney, Jason A. Lee

T.C.A. § 30-2-702 discusses how to make payments or distributions to infants and incompetent individuals from an estate.  This applies to individuals who have been adjudicated as incompetent but are without guardians or conservators authorized to receive the property.  The personal representative of the estate, before making the final settlement distribution, is required to file a petition with the court requesting that a guardian be appointed for any minor individual.  If the receiving party is incompetent then the personal representative should request the court to appoint a conservator for the incompetent individual in order to handle the distribution from the estate.

 

T.C.A. § 30-2-702(b) provides specifically as follows:

 

(b)(1) In cases involving payees or distributees who are infants or persons adjudicated incompetent and without guardian or conservator authorized to receive the property, the personal representative, before making final settlement, shall file a petition in the court in which the estate is being administered setting out this fact and pray for the appointment of a guardian or conservator, unless petition is made pursuant to § 34-1-104.

 

(2) The court shall appoint a guardian or conservator, if practicable, or if impracticable, order the property belonging to such infant or person adjudicated incompetent paid or delivered into the state treasury, unless distribution is ordered pursuant to § 34-1-104.

 

(3) The payment or delivery shall be shown in the report and settlement of the personal representative, exhibiting the receipt of the guardian or state treasurer, as the case may be.

 

As a result, it is important to remember that a guardian or conservator must be appointed for the proper distribution from an estate to a minor or incompetent individual.  This is obviously very important for the preservation and protection of the distribution so it is handled by someone who is competent to handle the money or property. 

 

Follow me on Twitter at @jasonalee for updates from the Tennessee Wills and Estates blog.

TAGS: Tennessee Conservatorship, Minor Children, Tennessee Probate Law
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Jason A. Lee is a Member of Burrow Lee, PLLC. Contact Jason at 615-540-1004 or jlee@burrowlee.com for an initial consultation on wills estate planning and probate issues.

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Tennessee Wills and Estates Blog
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