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2020 Tennessee Code
Title 35 - Fiduciaries and Trust Estates
Chapter 17 - Tennessee Community Property Trust Act of 2010
§ 35-17-107. Death of a Spouse
Universal Citation: TN Code § 35-17-107 (2020)
Upon the death of a spouse, one-half (½) of the aggregate value of the property owned by a community property trust established by the spouses reflects the share of the surviving spouse and the other one-half (½) reflects the share of the decedent. Unless provided otherwise in the trust agreement, the trustee has the power to distribute assets of the trust in divided or undivided interests and to adjust resulting differences in valuation. A distribution in kind may be made on the basis of a non pro rata division of the aggregate value of the trust assets, on the basis of a pro rata division of each individual asset, or by using both methods.
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