Comprehensive Guide to Executor and Trustee Services in Sevierville
When a loved one passes away or a trust needs administration, having knowledgeable legal guidance can make the process more manageable. In Sevierville, families rely on careful legal support to fulfill fiduciary duties, interpret estate documents, and manage probate or trust administration. This page explains what executor and trustee services involve, outlines the steps typically required, and describes how a local law firm can assist with sensitive tasks like asset inventory, creditor notifications, tax filings, and beneficiary communications while maintaining clear records and meeting court deadlines.
Executor and trustee roles demand attention to detail, procedural knowledge, and consistent communication with beneficiaries and courts. Whether you have been named in a will or trust or are helping a family member through administration, understanding the responsibilities and potential hurdles ahead helps you prepare. This overview focuses on practical guidance for Sevierville residents, describing common timelines, documentation needed, and how legal counsel can help reduce delays, avoid mistakes, and ensure the decedent’s wishes are carried out in accordance with Tennessee law and local procedures.
Why Professional Executor and Trustee Services Matter in Sevierville
Proper administration of an estate or trust safeguards assets, protects beneficiary rights, and minimizes disputes. In Sevierville, engaging legal help ensures deadlines are met, required notices are issued, and tax and probate filings comply with Tennessee statutes. Professional guidance can streamline tasks such as asset valuation, creditor claims resolution, and distribution planning. The benefits include clearer communication among family members, accurate recordkeeping, avoidance of common procedural errors, and a reduced risk of costly litigation or delays that can arise from misunderstandings or missed filings during settlement.
About Jay Johnson Law Firm and Our Approach to Estate Administration
Jay Johnson Law Firm, serving Tennessee from Hendersonville and assisting clients in Sevierville, focuses on practical and compassionate estate planning and probate services. Our attorneys work with personal representatives and trustees to create clear action plans, provide regular status updates, and handle the procedural requirements of estate and trust administration. We prioritize communication and careful documentation so families understand each step. We assist with estate inventories, creditor notices, tax returns, and distributions while keeping records organized and accessible for beneficiaries and courts as needed.
Understanding Executor and Trustee Responsibilities
An executor or trustee carries legal duties that include identifying and protecting assets, paying valid debts and taxes, and distributing property according to the will or trust terms. These responsibilities often require coordination with financial institutions, appraisers, and tax professionals. For Sevierville residents, this means ensuring compliance with Tennessee probate procedures or trust administration rules, preparing required filings, and communicating with beneficiaries about timelines and distributions. Having an organized plan from the outset helps the administration proceed more efficiently and reduces the chance of mistakes that could prolong the process.
Acting as an executor or trustee requires balancing fiduciary duties with practical tasks like locating original estate documents, securing property, and managing ongoing expenses. Trustees have additional responsibilities when trust provisions are complex or when ongoing trust management is required. In some cases, disputes arise over interpretation of documents or claims from creditors. Legal assistance can provide clarity on duties, handle procedural filings, and offer strategies for resolving disputes while keeping beneficiaries informed and focused on honoring the decedent’s intentions.
What an Executor or Trustee Does During Administration
Executors and trustees are appointed to administer an estate or trust according to governing documents and law. Key functions include locating the will or trust instrument, taking inventory of assets, safeguarding property, notifying beneficiaries, addressing creditor claims, handling tax obligations, and distributing assets. Executors often work with the probate court to submit necessary paperwork and obtain authority to act. Trustees may have ongoing management duties under trust terms. Legal counsel helps interpret instructions, prepare filings, and ensure distributions occur in compliance with Tennessee law and the terms set by the decedent or grantor.
Core Steps in Executor and Trustee Administration
Administration generally follows a sequence of actions, starting with securing the decedent’s documents and property, opening probate if required, and notifying heirs and creditors. Executors and trustees must obtain valuations, pay just debts and taxes, and preserve assets for proper distribution. The process can involve selling property, resolving disputes, and providing final accounting to beneficiaries or the court. Legal help supports accurate filings and deadlines, helps manage communications with beneficiaries, and provides guidance on complex issues like estate taxes or contested claims to help move the administration toward a timely and orderly conclusion.
Key Terms and Glossary for Executor and Trustee Services
Familiarity with common terms can simplify the administration process. This glossary highlights words and phrases you are likely to encounter during estate or trust administration in Tennessee. Understanding definitions for items like probate, personal representative, trust accounting, and creditor claims helps beneficiaries and fiduciaries recognize their obligations and rights. Clear definitions reduce confusion when reviewing court documents or talking with financial institutions and provide a baseline for informed decision making while fulfilling duties and honoring estate or trust provisions.
Probate
Probate is the legal process through which a will is submitted to the court and the deceased person’s assets are administered under court supervision. It typically includes validating the will, appointing a personal representative, inventorying assets, paying debts and taxes, and distributing property to heirs. Probate procedures vary by state and can involve specific deadlines and filings. In Tennessee, probate may be required for certain estates and understanding the local process helps personal representatives navigate filings, notices, and required court appearances to complete administration properly.
Trust Administration
Trust administration refers to the management and distribution of trust assets by a trustee according to the trust document. Unlike probate, trusts often allow assets to pass outside of court, but trustees must follow the trust’s terms, maintain records, provide accountings, and act in beneficiaries’ best interests. Administration tasks may include managing investments, distributing income or principal, and handling tax filings. Trustees must understand the responsibilities and limitations set by the trust instrument and applicable Tennessee law to fulfill their role responsibly and transparently.
Personal Representative
A personal representative, often called an executor in common parlance, is the person appointed to manage and settle an estate through the probate process. Their duties include locating the will, identifying assets, paying valid debts and taxes, and distributing property to heirs. The position carries legal responsibilities and requires careful documentation and timely filings with the probate court. Personal representatives must act impartially and in accordance with the decedent’s instructions and state law to ensure a lawful and orderly settlement of the estate.
Creditor Claims
Creditor claims are requests for payment from the estate for outstanding debts owed by the decedent. Executors must notify creditors following local rules, evaluate claims, and determine which are valid and should be paid from estate assets. The process may involve deadlines for filing claims and steps for disputing inaccurate or inflated demands. Proper handling of creditor claims protects the estate from future challenges and helps ensure that valid obligations are satisfied before final distributions are made to beneficiaries in accordance with Tennessee law.
Comparing Limited vs. Comprehensive Administration Support
Deciding between limited assistance and comprehensive administration support depends on the complexity of the estate and the fiduciary’s comfort with legal procedures. Limited assistance might include document review, specific filings, or advice on a single issue. Comprehensive support involves full management of the administration process from start to finish, including filings, asset management, creditor handling, and final distributions. Evaluating factors like estate size, asset types, beneficiary dynamics, and tax implications helps determine which level of service reduces risk and saves time while meeting legal obligations under Tennessee law.
When Limited Legal Assistance May Be Appropriate:
Small Estates with Clear Instructions
A limited approach can work well when an estate is small, assets are straightforward, and the will or trust provides clear distribution instructions. If there are few creditors, no contested claims, and beneficiaries are cooperative, targeted legal help for filings or guidance on required steps may suffice. In Sevierville, this option can reduce costs while ensuring compliance with Tennessee formalities. Limited services are best when the fiduciary is comfortable handling routine tasks and only needs occasional legal input for filings, notices, or specific legal questions during administration.
Existing Familiarity with the Process
If the appointed fiduciary has prior experience managing estates or trusts and understands local probate or trust procedures, limited legal assistance may be appropriate. This can include help preparing documents, verifying asset titles, or receiving advice on closing steps. For residents of Sevierville, informed fiduciaries who can handle coordination with banks and beneficiaries while relying on legal counsel for occasional review can save on cost. Limited engagement should still ensure compliance with Tennessee deadlines and proper handling of creditor notifications to avoid future disputes.
When Full Administration Support Is Advisable:
Complex Estates or Disputed Matters
Comprehensive legal support is often necessary when estates include business interests, multiple real properties, retirement accounts with complex rules, or when beneficiary disputes are possible. In such cases, full-service administration helps manage valuations, coordinate with tax professionals, resolve creditor claims, and protect fiduciaries from personal liability. For Sevierville residents facing complexity or potential litigation, comprehensive assistance provides structured procedures for filings, court communications, and dispute resolution strategies designed to move the estate or trust toward a final settlement while preserving value for beneficiaries.
Significant Tax or Compliance Issues
When an estate presents important tax considerations, including estate tax filings, complex income tax obligations, or significant ongoing trust tax matters, comprehensive representation helps ensure accurate preparation and timely submission. Full-service administration coordinates with accountants and appraisers to prepare necessary returns and documentation, reducing the risk of penalties or missed opportunities for tax planning. For Tennessee residents with sizable estates or complicated tax situations, having legal guidance throughout the process reduces uncertainty and supports adherence to federal and state tax rules while pursuing the most efficient resolution.
Benefits of Choosing a Full-Service Administration Approach
A comprehensive approach to estate or trust administration delivers consistent oversight from document intake through final distribution. This continuity helps prevent missed deadlines, ensures creditor claims are correctly handled, and supports accurate tax reporting. Families in Sevierville benefit from centralized communication, professional recordkeeping, and coordinated interactions with banks, appraisers, and courts. The approach reduces administrative burden on the fiduciary, provides a clear paper trail for beneficiaries, and helps resolve issues that may otherwise lead to litigation or delay in closing the estate or trust.
Comprehensive representation can also provide strategic planning during administration, such as addressing title issues, coordinating asset sales, or structuring distributions to minimize tax impacts and administrative inefficiencies. Trustees and executors receive support managing complex assets or ongoing trust obligations, allowing them to focus on fulfilling fiduciary duties without becoming overwhelmed by paperwork or legal requirements. For Sevierville residents, full-service administration delivers peace of mind through professional management of procedural matters and thorough documentation at every stage.
Clear Communication and Documentation
One major benefit of comprehensive administration is consistent communication with beneficiaries and creditors, paired with careful documentation of actions taken. This transparency reduces misunderstandings and helps beneficiaries track progress through probate or trust administration. Well-organized records support court filings and provide defensible accounts of decisions. For fiduciaries in Sevierville, this clarity simplifies reporting duties, helps prevent conflicts, and creates a structured record that makes final distribution smoother and less prone to later challenges from claimants or unclear beneficiaries.
Efficient Resolution of Complex Issues
Comprehensive legal handling helps resolve complex matters such as property titling, business succession, or contested claims more efficiently by coordinating professionals and following established procedures. This coordinated approach reduces delays and provides a clear path forward when difficult decisions are needed. For Sevierville families, it means the administration process moves forward with fewer interruptions and that fiduciaries have access to legal strategies for protecting estate assets and honoring the decedent’s wishes while complying with Tennessee requirements and court expectations.
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Practical Tips for Executors and Trustees
Gather Documents Early
Start by locating key documents such as the will, trust instruments, beneficiary designations, and financial statements. Early collection of documents speeds the inventory process and helps identify assets subject to probate or trust administration. It also prepares you for required notices to banks, creditors, and beneficiaries. Organizing paperwork from the outset reduces the time spent later locating account numbers and titles, and supports accurate valuations and tax filings for the estate or trust within the timelines expected under Tennessee procedures.
Communicate Proactively with Beneficiaries
Keep Detailed Records
Maintain thorough records of account statements, valuations, receipts for expenses paid, notices sent, and distributions made. Detailed documentation is essential for preparing final accountings, resolving creditor claims, and demonstrating compliance with fiduciary duties. Organized records simplify tax preparation and can provide defense against later disputes or challenges. For fiduciaries in Sevierville, creating a structured file system—whether digital or physical—saves time and supports a smoother administration process to completion.
Why You Might Consider Professional Executor or Trustee Support
People choose professional assistance when they want to reduce personal liability, avoid procedural mistakes, or lessen the administrative burden during what is often an emotional time. Fiduciaries who lack experience with probate or trust rules, those managing complex asset portfolios, or those facing potential disputes often benefit from legal representation. A local firm can provide timely filings, handle creditor communications, and coordinate required steps, helping families focus on personal matters while ensuring the estate or trust is handled in a manner consistent with Tennessee law and the decedent’s stated wishes.
Professional support is also valuable when time-sensitive tax matters or creditor claims require careful handling. Trustees managing ongoing distributions or executors administering estates with diverse assets often face tasks that require legal coordination with appraisers and accountants. Legal counsel helps ensure proper valuation, timely tax return preparation, and adherence to statutory timelines. For Sevierville residents, this guidance reduces the risk of costly oversights and offers a structured approach to completing administration efficiently and respectfully.
Common Situations That Lead Families to Seek Administrator or Trustee Assistance
Families commonly seek assistance when a decedent’s affairs are complex, when the named fiduciary is unable or unwilling to serve, or when disputes among beneficiaries arise. Other common triggers include estates that must go through probate due to asset titling, trust matters that require interpretation, or situations involving out-of-state assets. In Sevierville, professional guidance is often called upon when taxes, business interests, or significant real estate holdings require careful coordination to protect estate value and ensure distributions align with governing documents and applicable law.
Multiple or Out-of-State Assets
When an estate includes properties or accounts in multiple jurisdictions, administration becomes more complex. Executors and trustees must coordinate filings, title transfers, and tax matters across states, which may have differing rules. Legal assistance helps manage cross-jurisdictional issues, identify where probate is required, and ensure compliance with local procedures. For Sevierville residents with assets outside Tennessee, coordinating these matters early reduces delays and ensures proper handling consistent with the laws governing each asset location.
Creditor Disputes or Unclear Debts
When creditor claims are contested or debts are unclear, fiduciaries must evaluate the validity of demands and follow legal procedures for notification and resolution. Proper handling includes reviewing documentation, contesting improper claims, and prioritizing payments when necessary. Legal guidance provides the framework for evaluating claims, negotiating settlements, and carrying out payments according to Tennessee rules so that valid obligations are addressed and the estate can proceed toward distribution with minimized exposure to future claims.
Contested Beneficiary Claims
Disputes among beneficiaries over interpretation of a will or trust or disagreements about distributions can significantly delay administration. In contested situations, fiduciaries may need legal representation to navigate court proceedings, mediate disputes, or defend decisions aligned with governing documents. For Sevierville families, early legal involvement can help manage disagreements, establish clear procedures for communication, and, when needed, present necessary filings to the probate court to resolve contested matters and move the administration forward toward completion.
Local Attorney for Executor and Trustee Services in Sevierville
Jay Johnson Law Firm provides practical support to fiduciaries and families in Sevierville and surrounding Tennessee communities. We help with probate filings, trust administration tasks, creditor notices, asset inventories, and distributions. Our approach emphasizes clear communication, detailed records, and adherence to statutory timelines so fiduciaries can fulfill duties confidently. Whether a will requires probate or a trust needs ongoing management, we provide guidance tailored to the local legal environment and help coordinate with accountants and appraisers to complete administration efficiently.
Why Work with Jay Johnson Law Firm for Executor or Trustee Services
Local knowledge of Tennessee probate and trust administration procedures helps fiduciaries navigate filings and court interactions more efficiently. Jay Johnson Law Firm brings experience with regional courts and common local practices, which can streamline the administration process for Sevierville clients. We focus on clear, timely communication with beneficiaries and creditors and maintain organized records for every step of administration, reducing confusion and helping move matters toward final distribution.
Our firm assists with practical tasks such as asset identification, valuations, creditor notices, and tax preparation coordination. We work collaboratively with fiduciaries to prepare and file necessary court documents, provide regular updates, and advise on how to address disputes or complex asset issues. That support helps mitigate delays and ensures that actions taken align with Tennessee law and the decedent’s expressed intentions.
We aim to make the administration process as straightforward as possible by offering clear next steps, timelines, and responsibilities. From initial document collection through final accounting and distribution, our goal is to provide responsive legal guidance that respects the emotional and practical demands of managing an estate or trust in Sevierville and across Tennessee.
Ready to Discuss Executor or Trustee Responsibilities?
How We Handle Executor and Trustee Matters at Jay Johnson Law Firm
Our process begins with a thorough intake to identify the decedent’s documents, assets, and immediate obligations. We then prepare a tailored action plan that outlines filings, notifications, and timelines required under Tennessee law. Communication with beneficiaries is prioritized and records are maintained for all transactions. We coordinate with necessary professionals, prepare tax returns, and assist with distributions in accordance with governing documents. The goal is to provide structured legal support that keeps administration moving and reduces the burden on fiduciaries.
Initial Assessment and Document Collection
The first step involves locating the will or trust, gathering financial statements, and compiling a preliminary list of assets and liabilities. This phase establishes the scope of administration and identifies immediate needs such as securing property or notifying banks. Proper documentation at the outset supports accurate valuations, creditor notifications, and required court filings, creating a foundation for the subsequent steps of the administration process under Tennessee procedures.
Confirming Fiduciary Authority
We assist in confirming who has legal authority to act, whether through appointment as a personal representative by a probate court or under the terms of a trust. This often requires preparing petitions, submitting supporting documents, and securing court orders or letters of administration when needed. Establishing clear fiduciary authority early prevents unauthorized actions and allows fiduciaries to begin tasks such as accessing accounts and managing assets.
Securing and Protecting Assets
Once authority is established, the next priority is securing tangible assets and ensuring financial accounts are protected. This may include changing locks, notifying financial institutions, and arranging for insurance where necessary. Properly safeguarding assets prevents loss or unauthorized access and maintains value for beneficiaries. Documentation of these measures is maintained to support later accounting and filing requirements with the court or trust beneficiaries.
Administration and Claims Handling
During administration, fiduciaries must inventory assets, provide notice to creditors and beneficiaries, evaluate claims, and manage estate expenses. We prepare required notices, review creditor submissions, and advise on legitimate obligations that must be paid from estate assets. This stage often includes coordinating appraisals, managing ongoing expenses, and preparing interim accountings for beneficiaries or the court, all conducted in accordance with Tennessee rules and the specific terms of the governing documents.
Valuation and Inventory Preparation
We coordinate appraisals and gather documentation to prepare a complete inventory and valuation of the decedent’s assets. Accurate valuations are essential for tax reporting, creditor resolution, and equitable distributions. Having a reliable inventory helps identify assets that require special handling, such as business interests or retirement accounts, and supports transparent accounting for beneficiaries and the court as administration proceeds.
Resolving Debts and Expenses
Handling creditor claims and estate expenses requires careful review and timely notifications. We assist fiduciaries in distinguishing valid claims, arranging payment priorities, and contesting improper demands when appropriate. Properly addressing debts and expenses protects the estate from unresolved obligations and helps ensure that distributions to beneficiaries are made accurately and without leaving outstanding liabilities that could cause future disputes.
Final Accounting and Distribution
The final stage includes preparing and delivering accountings, resolving any remaining disputes, completing tax filings, and distributing assets to beneficiaries according to the will or trust. We help prepare the documentation needed for the court or beneficiary review and assist fiduciaries in making lawful distributions while preserving records for future reference. This step brings administration to a close and ensures that all statutory requirements and the decedent’s intentions have been honored.
Preparing Final Tax Filings
We coordinate with tax professionals to prepare any required final income tax returns and estate tax filings. Accurate tax reporting is necessary before final distributions can be made in many cases. Ensuring that all tax obligations are addressed protects the fiduciary and the estate from later claims or penalties, and supports a clear and orderly closing of the estate’s affairs in accordance with federal and Tennessee tax rules.
Distributing Assets and Closing the Estate
Once taxes, debts, and claims are resolved, we assist in effecting transfers of title, liquidating assets if necessary, and distributing property to beneficiaries. Proper documentation of distributions and final accountings is prepared for the probate court or trust beneficiaries. Closure of the estate or trust is finalized with filings and records that demonstrate compliance with required procedures and provide beneficiaries with a clear record of how assets were handled and distributed.
Frequently Asked Questions About Executor and Trustee Services
What are the first steps after being named executor or trustee?
The first steps include locating the original will or trust document, securing property, compiling a list of the decedent’s assets and liabilities, and notifying financial institutions and potential beneficiaries. It is important to determine whether probate is required and to file necessary documents to establish legal authority to act. Gathering documentation early supports accurate valuations and prevents loss or unauthorized access to assets, and prepares the fiduciary for the administrative steps ahead. Legal counsel can assist with preparing petitions to the probate court, advising on initial notices, and helping the fiduciary understand immediate obligations under Tennessee law. Early guidance helps set realistic timelines and ensures proper documentation is created and preserved for later accounting and distribution stages.
How long does probate or trust administration usually take in Tennessee?
The timeline for probate or trust administration varies widely depending on the estate’s size, complexity, and whether disputes arise. Some straightforward administrations conclude within several months, while more complex matters may take a year or longer. Factors that extend timelines include contested claims, tax issues, and assets requiring liquidation or appraisal. Working with legal counsel and coordinating with accountants or appraisers helps streamline the process and address potential delays. Prompt action on filings and creditor notices, clear communication with beneficiaries, and organized recordkeeping all contribute to a more efficient administration under Tennessee procedures.
Do all estates have to go through probate?
Not all estates must go through formal probate. Assets held in a trust, assets with designated beneficiaries, jointly held property, and accounts under payable-on-death designations often pass outside probate. However, probate may still be required for property titled solely in the decedent’s name or to obtain court authorization for certain actions. Evaluating each asset’s title and beneficiary designation helps determine whether probate is necessary. Legal review of the estate’s assets and documentation will identify which items require court proceedings and which can be transferred directly to beneficiaries without formal probate.
What duties does a trustee have that differ from an executor?
An executor (or personal representative) manages the probate process and settles debts before distributing assets according to a will. A trustee administers assets held in a trust according to the trust’s terms, often without court involvement, and may have ongoing management duties. Trustees are generally required to follow the trust instrument’s instructions and provide accountings to beneficiaries as specified. Both roles carry fiduciary duties to act in the best interests of beneficiaries and to keep accurate records, but trustees may require ongoing administration and investment management responsibilities, while executors focus on completing the probate estate and transferring assets.
How are creditor claims handled during administration?
Creditor claims must be addressed through the procedures required by law, which typically involves notifying known creditors and observing filing deadlines for claims. Executors evaluate submitted claims to determine validity and prioritize payments from the estate according to statutory rules. Disputed claims may require negotiation or court resolution. Timely notice and careful review of claims help prevent unresolved debts from surfacing after distributions. Legal guidance assists fiduciaries in identifying legitimate obligations, contesting improper claims, and following Tennessee rules for paying or disputing creditor demands in an organized manner.
Can an executor or trustee be removed?
A court can remove an executor or trustee for reasons including failure to perform duties, misconduct, conflict of interest, or incapacity. Removal is typically a legal proceeding in which the court reviews allegations and determines whether removal is warranted in the best interest of beneficiaries. If removal occurs, the court will appoint a successor fiduciary. To avoid removal, fiduciaries should maintain clear records, act fairly and transparently, and seek guidance when uncertain about legal obligations. Legal assistance can help fiduciaries comply with duties and address potential issues before they escalate to court intervention.
How are estate taxes and income taxes handled during administration?
Estate and income taxes must be considered during administration. Executors or trustees coordinate with tax professionals to prepare final income tax returns for the decedent and any required estate tax returns, if applicable. Timely filing and payment of taxes are important steps before final distributions can be completed in many cases. Working with attorneys and accountants ensures that tax filings are accurate and deadlines are met. Proper valuation and documentation of assets help determine any tax liabilities and support claims for deductions or credits that may reduce the estate’s tax burden while complying with federal and Tennessee requirements.
What records should a fiduciary keep during administration?
Fiduciaries should keep comprehensive records including inventories of assets, copies of notices sent to beneficiaries and creditors, receipts for estate expenses, bank statements, appraisals, and documentation of distributions. These records support accountings and provide a clear audit trail if questions arise from beneficiaries or the court. Organized documentation simplifies the preparation of tax returns and final accountings and helps demonstrate that fiduciary duties were fulfilled. Establishing a consistent recordkeeping system early in administration reduces the risk of errors and supports a smoother closing process.
When should I involve an attorney in the administration process?
Involve an attorney early if the estate includes complex assets, potential disputes, out-of-state property, or significant tax considerations. Legal guidance is also helpful if the fiduciary lacks experience with probate or trust procedures, or when deadlines and formalities are unclear. Early involvement reduces the risk of procedural mistakes that can delay administration or lead to liability for the fiduciary. An attorney can prepare required filings, advise on creditor notification and claims, coordinate with appraisers and accountants, and help resolve disputes. Timely legal assistance helps set a clear plan and provides the fiduciary with the support needed to fulfill responsibilities properly.
What happens if there is a dispute among beneficiaries?
When disputes arise among beneficiaries, options include negotiation, mediation, or, when necessary, court proceedings to resolve contested matters. Early, transparent communication and documentation of actions can prevent many disagreements from escalating. Where conflicts persist, legal counsel can advise on the best approach, represent the fiduciary’s interests, and, if needed, present the matter to the probate court for resolution. Addressing disputes promptly and with appropriate legal guidance helps protect estate assets, preserve relationships where possible, and move administration toward a resolution that aligns with governing documents and Tennessee law.