Trust Administration

Trust Administration in Bon Air

A trustee’s authority comes from the trust and the role they hold—not simply from being named in a will or power of attorney. Dale Law Group, PLLC assists with trust administration for clients in Bon Air and throughout Tennessee.

Start with the trust and the asset records

Before making a distribution or changing an account, identify the governing trust document and any amendments, then compare its directions with records showing how each asset is titled. A trust’s name alone does not establish who owns an account or whether it is administered as part of the trust.

Create an asset-by-asset list with the institution or custodian, current ownership shown on its records, available balance or value information, and the document supporting the entry. Mark gaps rather than assuming that an asset belongs to the trust because it was intended to be transferred there.

  • Collect the trust instrument, amendments, relevant account statements, deeds or ownership records, and correspondence with financial institutions.
  • Note the date and source of each record, and flag inconsistent names, ownership entries, or missing pages for follow-up.

Separate trustee authority from other roles

A trustee administers property under the trust’s terms. An executor or personal representative handles an estate role, while an agent under a power of attorney acts within the authority and limits of that document. A court-appointed guardian or conservator has a different role as well. These titles are not interchangeable, and a document naming someone in one capacity does not by itself establish authority in another.

For each proposed action, identify who is acting, in what capacity, and which document supports that authority. A power of attorney authorizes another person to act on someone’s behalf, but its scope, duration, and limits matter.

    Log distributions before deciding

    Use a distribution log to make the decision reviewable. For each request or proposed payment, record the requester, purpose, amount or asset, relevant trust provision, supporting documents, decision status, and date. Keep the request and supporting material with the entry, including when the next step is to obtain more information rather than distribute property.

    This process helps distinguish a request from an approved distribution and makes it easier to spot questions about the trust’s directions, account ownership, or missing information. Do not treat a beneficiary designation, account record, or will instruction as a substitute for reviewing the applicable trust terms.

      Resolve gaps and confirm the next step

      If records conflict or an important document is missing, note the unresolved issue and seek the relevant record before acting on an assumption. For land in White County, the UT CTAS directory lists a separate Register of Deeds contact at 1 East Bockman Way, Room 118, Sparta. Confirm the contact location before visiting; a directory entry or recorded document does not itself establish ownership or clear title.

      Trust income-tax reporting also depends on the trust’s tax treatment; grantor-trust and separate-entity treatment differ. Do not infer a tax result from the trust’s label alone. Dale Law Group can help trustees review administration questions and identify issues that may require separate tax or records follow-up.

      • Which trust version and amendments govern the proposed action?
      • What record supports the trust’s ownership of the asset?
      • Does the person requesting or approving the action have authority in the relevant role?
      • What information or document is still needed before deciding?

      Questions to bring to the discussion

      Can a power of attorney make someone the trustee?

      A power of attorney and a trusteeship are distinct roles. A power of attorney authorizes action on someone’s behalf within the document’s scope and limits; it does not, by itself, establish authority as trustee.

      Does an asset belong to a trust because the trust was meant to receive it?

      Intent alone may not answer who owns an account or asset. Compare the trust terms with current ownership records and flag any mismatch or missing transfer documentation before deciding how to administer it.

      Discuss your next step with Dale Law Group

      Begin with a brief, non-confidential overview. The firm will discuss your needs and appointment arrangements.

      General information, not advice for a particular situation. Sending an inquiry does not create an attorney-client relationship.