T&E Solo Pack · Tennessee · Week Of May 25, 2026

Tennessee.

Your state's pack. New issue every Monday. Bookmark it. I built this for the Tennessee T&E solo who knows the probate practice cold but still loses an afternoon a week tracking the moving TennCare pieces.

For licensed attorneys. This pack is general legal information and professional commentary for practicing attorneys — it is not legal advice, does not apply to any specific matter, and creates no attorney-client relationship. Verify every authority against the cited primary source before relying on it with a client. Published by Mike Moss, a Utah-admitted attorney, as an AI-enablement information product; it is not an offer of legal services and is not a representation that the author is admitted to practice in your jurisdiction.

TN
Tennessee · Volunteer State
UPC — No (own probate code, Titles 30–32)
Common-law property — Yes
LTC — TennCare CHOICES
Estate Recovery — Probate-only
T&E Solo Pack Built for Tennessee attorneys
The Big Three · Week Of May 25, 2026

Here's what I'd want you to see from last week.

Three developments I think actually matter to a Tennessee T&E solo. Each has a read that lands on your practice specifically — and each comes with a reachable citation so you can verify it yourself before you use it with a client.

01

TennCare estate recovery runs through probate — and you can’t close without a release.

Under Tenn. Code Ann. § 71-5-116, TennCare recovers long-term-care costs from the probate estate of a CHOICES member who received care at 55+; the personal representative must obtain a TennCare release before the estate is closed, and the claim has third priority (after administration and funeral costs).

This is the structural fact a TN Medicaid plan is built around. A funded revocable trust keeps the home out of the probate estate; the malpractice trap is closing an estate without pulling the release.

Tenn. Code Ann. § 71-5-116 · tn.gov/tenncare/legal/estate-recovery.html

02

Tennessee still has no real-property transfer-on-death deed.

The Uniform Real Property Transfer on Death Act (114th GA SB 984 / HB 1793) was introduced with a proposed July 1, 2025 effective date. HB 1793 was sponsor-withdrawn February 25, 2026; SB 984 died at the 114th GA sine die on April 23, 2026. Tennessee still has no real-property TOD deed; reintroduction would be needed.

Don’t reach for a TOD/beneficiary deed in TN yet — it isn’t effective. Use trust funding, joint tenancy, or life estates, and watch SB 984/HB 1793 for the July 2026 date.

Tenn. SB 984 / HB 1793 (114th GA) · capitol.tn.gov/Bills/114

03

The 2026 federal figures are set.

Maximum CSRA is $162,660 (minimum $32,532); the 300%-FBR institutional income cap is $2,982/mo; Tennessee applies the lower $752,000 home-equity limit.

Two places this lands: community-spouse protection math and clients near the equity line. Flag the OBBBA flat $1,000,000 equity cap (eff. Jan 1, 2028) now.

42 U.S.C. § 1396p · CMS 2026 Standards (medicaid.gov)

Week Of May 25, 2026

This week.

This week in Tennessee for the T&E solo with Medicaid-planning clients: what the Tennessee Bar Association, the chancery/probate courts, and TennCare put in front of you.

The TBA CLE calendar, the Estate Planning & Probate Section, and the TennCare notices all publish on different schedules. This is that sift, already done, with the link on each item.