Tennessee Code Title 35. Fiduciaries and Trust Estates § 35-15-109

Current as of January 02, 2024 | Updated by Findlaw Staff

(a)(1) Notice to a person under this chapter or the sending of a document to a person under this chapter must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document.

(2) Permissible methods of notice or for sending a document include:

(A) First-class mail;

(B) Personal delivery;

(D) A properly directed electronic message; or

(E) Providing the notice or document through electronic means when such person provided consent to receive information by electronic means in a record, as defined in § 47-10-102, and such consent has not been revoked. A notice or document is deemed to be accessible by the person through electronic means if:

(i) The means of electronic access were provided in the record; or

(ii) It can be shown that the electronic access was actually utilized at any time.

(b) Notice otherwise required under this chapter or a document otherwise required to be sent under this chapter need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.

(c) Notice under this chapter or the sending of a document under this chapter may be waived by the person to be notified or sent the document.

(d) Notice of a judicial proceeding must be given as provided in the applicable rules of civil procedure.

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Cite this article: FindLaw.com - Tennessee Code Title 35. Fiduciaries and Trust Estates § 35-15-109 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-35-fiduciaries-and-trust-estates/tn-code-sect-35-15-109/

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