Tennessee Notice of Termination of Attorney and Request for Accounting

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Multi-State
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US-01390BG
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Description

Generally, a prior demand by the plaintiff for an accounting, and a refusal by the defendant to account, are conditions precedent to the bringing of an action for an accounting. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The settlor, a cotrustee, or a qualified beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.

The accountings shall state all receipts, disbursements and distributions of principal and income for the accounting period and the remaining assets held in the estate and shall be verified by the oath of the personal representative before the clerk or any person authorized by law to administer oaths in such cases.

A durable power of attorney is a power of attorney by which a principal designates another as the principal's attorney in fact in writing and the writing contains the words ?This power of attorney shall not be affected by subsequent disability or incapacity of the principal,? or ?This power of attorney shall become ...

The principal may revoke the POA by creating and signing a revocation form; A court-appointed guardian may request the termination of a particular agent's authority; and. An interested party (usually another family member or close friend) may petition the court to terminate the power of attorney.

An Agent is a ?fiduciary,? which means that an Agent is in a special relationship of trust with the Principal and that the Agent must act in the best interests of the Principal. The Agent should never go outside of powers in the POA and should carry out the Principal's decisions to the extent possible.

34-6A-105. A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney.

Section 35-15-817 - Distribution upon termination, partial termination, or fiduciary removal or resignation - discharge of fiduciary liability (a) Upon the occurrence of an event terminating or partially terminating a trust, or upon the trustee's removal or resignation, the trustee shall proceed to distribute the trust ...

Under Tennessee law, for a power of attorney to be valid it must either be signed in the presence of a notary or witnessed by two disinterested parties. (A witness cannot be an agent). Conversely, in Kentucky, a power of attorney must have both two witnesses and a notary to be valid.

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Tennessee Notice of Termination of Attorney and Request for Accounting