Trust Administration in Gallaway

Start with authority, not assumptions

A trustee’s authority comes from the trust and the trustee’s role under it. An executor, by contrast, handles responsibilities associated with an estate, while an agent under a power of attorney acts on another person’s behalf within the document’s scope, duration and limits. These roles are not interchangeable; having one document does not establish authority to act in another capacity.

Before taking action, identify the trust, the person or institution serving as trustee, and any provisions that address the proposed decision. If another person is involved, confirm which document gives that person authority and what it permits.

Match the trust to the accounts and records

Create an account-and-asset inventory before considering a distribution. For each item, record the institution or custodian, account or property description, how it is titled, the records you have, and any question about whether the trust is connected to it. Trust terms alone do not establish how every asset is owned or accessed.

Gather the complete trust document and any amendments, trustee acceptance or appointment records you have, account statements, ownership or title records, and relevant correspondence. Keep a separate list of missing documents and requests made to institutions. If land records are relevant, Fayette County has a Register of Deeds contact listed by the University of Tennessee County Technical Assistance Service at P.O. Box 99, Somerville, TN 38068. Confirm the current contact details before visiting; a directory listing or recorded document does not determine ownership or which procedure is appropriate.

Log each proposed distribution before acting

Use a distribution log to make decisions traceable. Record the date, proposed recipient, amount or property, the reason for the request, the trust provision you believe applies, documents reviewed, questions still open, and the action taken or deferred. Keep supporting statements and correspondence with the entry.

If the trust terms, ownership records, or authority are unclear, pause the proposed transaction while you identify what needs clarification. A record of the question and the documents reviewed can help focus a discussion with counsel and reduce the risk of relying on an assumption.

Consider tax treatment separately

Do not assume a trust’s name or label determines how its income is reported. Federal income-tax treatment depends on the trust; grantor-trust treatment and separate-entity treatment differ. Keep income statements and tax correspondence with the administration records, and identify which reporting questions remain unresolved.

For Gallaway residents, the municipality’s public directory profile is a municipal-information resource, not evidence of trust authority or court jurisdiction. Municipal resource labels such as land use and property taxes do not decide how a trust asset should be administered.

Questions to bring to an administration review

Dale Law Group, PLLC, can assist with trust administration. A focused review can begin with the trust document, the account inventory and the distribution log, rather than treating every question as a probate matter.

• Which trust provision addresses the proposed action, and who has authority to make it?
• Do the ownership records connect the relevant account or property to the trust?
• What documents are missing, and what should be clarified before a distribution?
• Does the trust’s tax treatment raise a separate reporting question?