Week 2 Discussion

August 20,2024

2. Selecting a Personal Representative

Tennessee statutes provide mechanisms for appointing representatives when interests are not adequately represented. For example, 35-15-305. Appointment of representative. Allows the court to appoint a representative to act on behalf of minors, incapacitated individuals, or those whose identity or location is unknown 35-15-305. Appointment of representative.. This provision can be crucial in ensuring that all family members, including those in nontraditional families, are adequately represented in estate matters.

30-1-201. When bond required. Outlines the requirements for personal representatives, including the necessity of a bond unless waived under specific conditions 30-1-201. When bond required. This statute ensures that the appointed representative is financially responsible, which can be a significant consideration in cases involving complex family dynamics and potential disputes over the estate.

40-11-128. Certain persons disqualified as bondsmen. Explicitly prohibits convicted felons from serving as bail bondsmen, indicating a legislative intent to restrict certain fiduciary roles for individuals with felony convictions State v. Baltimore, 2014 Tenn. Crim. App. LEXIS 451, State v. Gray (In re Cox), 389 S.W.3d 794. While this statute does not directly address personal representatives, it reflects a broader concern about the suitability of convicted felons for roles involving significant responsibility and trust.

While a convicted felon is not categorically barred from serving as a personal representative in Tennessee, their conviction can be a substantial factor in the court's assessment of their fitness and suitability for the role. The court will likely consider the nature of the felony and its relevance to the responsibilities of a personal representative when making its decision.

What questions or comments would you make about this discussion?