34-1-113 - Payments by fiduciary. - Tennessee Statutes

34-1-113. Payments by fiduciary.

(a)  The fiduciary is entitled to pay from the property of the minor or disabled person the costs of any required medical examination, the guardian ad litem fee, bond premium, court costs, attorney fees, fees for income tax preparation and court accountings, investment management fees, taxes or governmental charges for which the minor or disabled person is obligated and such other expenses as the court determines are necessary for the fiduciary. The fiduciary shall not pay any attorney fee, guardian ad litem fee, fees for income tax preparation and court accountings or investment management fees until the amount of those fees is approved by the court.

(b)  Either prior to or after payment, the court may approve payments by the fiduciary from the property of the minor or disabled person that are reasonable considering all relevant factors, are incurred by the fiduciary in good faith on behalf of the minor or disabled person, and are intended to benefit or protect the minor or disabled person or such person's property, whether or not an actual benefit or protection is ultimately in fact attained. Such requests and/or payments shall be reviewed by the court pursuant to fiduciary standards.

(c)  All other expenses, including those that do not comply with the requirements of subsection (b), may be approved by the court, either prior to or after payment, upon a determination that they are reasonable and:

     (1)  They protected or benefited the minor or disabled person or such person's property; or

     (2)  That their payment is in the best interest of the minor or disabled person.

(d)  For purposes of subsection (a), attorney fees shall include fees for preparing fiduciary fee applications and other related filings that are required to be submitted to the court including petitions to secure approval or reimbursement for any expenses paid by the fiduciary that meet the requirements of this section, provided that the amount of those fees is determined by the court to be reasonable in view of the services rendered.

(e)  Notwithstanding any provisions of law to the contrary, the duty of the fiduciary appointed under this title shall not cease at the death of the disabled person, but shall continue for the sole purpose of making reasonable and proper funeral arrangements for the disposition of the remains of the disabled person, at death. Upon the death of the disabled person, the fiduciary shall be allowed credits in the accounting for all reasonable expenses of the disabled person's funeral. If the estate of the disabled person has assets in an amount less than five thousand dollars ($5,000), the fiduciary may utilize this entire amount for payment of funeral expenses and will be given credit for the same in the final accounting.

[Acts 1992, ch. 794, § 14; 1994, ch. 855, § 6; 1997, ch. 319, § 1; T.C.A. § 34-11-113.]