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2018 Georgia Code 53-12-28 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-12-28 Case Law from Google Scholar Amendments to OCGA 53-12-28

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 12. (Revised Trust Code of 2010) Trusts, 53-12-1 through 53-12-506.

ARTICLE 2 CREATION AND VALIDITY OF EXPRESS TRUSTS

53-12-28. Trusts for animals.

  1. A trust may be created to provide for the care of an animal that is alive during the settlor's lifetime. The trust shall terminate upon the death of such animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.
  2. A trust authorized by this Code section may be enforced by a person appointed in the trust instrument or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.
  3. Upon termination of a trust authorized by this Code section, the trustee shall transfer any unexpended trust property in the following order:
    1. As directed in the trust instrument;
    2. If the trust was created in a nonresiduary clause in the settlor's will or in a codicil to the settlor's will, under the residuary clause in the settlor's will; and
    3. If no taker is produced by the application of paragraph (1) or (2) of this subsection, to the settlor, if living, and if not, to the settlor's heirs, as determined under Code Section 53-2-1.

(Code 1981, §53-12-28, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)

Cases Citing O.C.G.A. § 53-12-28

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Brown v. Citizens & S. Nat'l Bank, 317 S.E.2d 180 (Ga. 1984).

Cited 13 times | Published | Supreme Court of Georgia | May 1, 1984 | 253 Ga. 119

...Warfield, 49 Ga. App. 93 (174 SE 185) (1934). C & S also urges that the defendants' testimony was equivocal and should be construed against them, that Mrs. Brown's contributions toward purchase of the automobile should be construed to be a gift under OCGA § 53-12-28, and that the burden of showing that the transaction was fair was upon the defendants pursuant to OCGA § 19-3-10. The defendants' testimony may be said to be equivocal in showing a loan from wife to husband but not in showing equitable title to be in the wife. The presumption of gift created by OCGA § 53-12-28 is rebutted by showing that a resulting trust arose in favor of the wife and this issue, as well as the fairness issue, should be resolved by a jury....
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Speed v. Speed, 430 S.E.2d 348 (Ga. 1993).

Cited 12 times | Published | Supreme Court of Georgia | Jun 7, 1993 | 263 Ga. 166, 93 Fulton County D. Rep. 2110

...a beneficiary who has a medically determined physical or mental disability that substantially impairs the beneficiary's ability to provide for the beneficiary's care or custody and constitutes a substantial handicap . . . . (Emphasis supplied.) OCGA § 53-12-28 (c)....
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Jordan v. Caswell, 264 Ga. 638 (Ga. 1994).

Cited 3 times | Published | Supreme Court of Georgia | Nov 21, 1994 | 450 S.E.2d 818, 94 Fulton County D. Rep. 3734

...or in equity." OCGA § 18-2-21. "However, the creditor must exhaust legal remedies before proceeding in equity. [Cit.]" Henderson v. Collins, 245 Ga. 776 *640 (4) (267 SE2d 202) (1980). The Georgia Trust Act (effective July 1, 1991) provides in OCGA § 53-12-28 (c), that spendthrift provisions are valid except for certain claims against distributions, one class of which claims is tort judgments....