Wednesday, February 9, 2011

Court Reviews Whether Beneficiary of a Trust is Entitled to Distributions Prior to His Parents’ Deaths

RYNE W. BROWN v. CATHERINE L. BROWN, Trustee, ET AL. (Tenn. Ct. App. February 9, 2011)

Appellant contends that he is a beneficiary of a trust created by his parents and thus entitled to distributions of principal and income. In a declaratory judgment action, the trial court determined that Appellant was not entitled to mandatory distributions of income or principal until both of his parents were deceased. We affirm this portion of the trial court's judgment. The trial court also determined that no corporate trustee was required. We reverse this portion of the trial court's judgment and remand for the appointment of a corporate trustee.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/brownr_020911.pdf