O.C.G.A.

O.C.G.A. § 53-12-221 (2019)

Removal of trustee

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) A trustee may be removed:

(1) In accordance with the provisions of the trust instrument; or

(2) Upon petition to the court by any interested person showing good cause.

(b) In the discretion of the court, in order to protect the trust property or the interests of any beneficiary, on its own motion or on motion of a cotrustee or other interested person, the court may compel the trustee whose removal is being sought to surrender trust property to a cotrustee, a receiver, or temporary trustee pending a decision on a petition for removal of a trustee or pending appellate review of such decision. To the extent the court deems necessary, the powers of the trustee also may be suspended.

History

Code 1981, § 53-12-221, enacted by Ga. L. 2010, p. 579, § 1/SB 131.

Annotations

JUDICIAL DECISIONS Trust properly modified to remove trustees with consent of beneficiaries. - Trial court did not err in modifying the trust to remove the trustees under O.C.G.A. § 53-12-61(c)(1), which provided that a petition to modify ‘‘shall’’ be granted if certain conditions were met; allowing the beneficiaries to change the trustees by modifying the trust did not conflict with

O.C.G.A. § 53-12-221(a), the trustee removal statute. Glass v. Faircloth, 354 Ga. App. 326, 840 S.E.2d 724 (2020), cert. denied, 2020 Ga. LEXIS 972 (Ga. 2020). Removal of trustee proper. - Trial court did not err in granting a settlor summary judgment on his son’s claim regarding the son’s removal as a co-trustee because before his removal as

trustee, the son refused to sign legal documents after verbally promising to do so, he placed his girlfriend on the company payroll, and he threatened to sue his siblings; that evidence gave the settlor what

the trust instrument described as ‘‘reasonable cause’’ to remove the son. McPherson v. McPherson, 307 Ga. App. 548, 705 S.E.2d 314 (2011).

ARTICLE 12 ACCOUNTING BY TRUSTEE RESEARCH REFERENCES Am. Jur. 2d. - 76 Am. Jur. 2d, Trusts, § 371 et seq. Am. Jur. Pleading and Practice Forms. - Am. Jur. Pleading and Practice Forms, Trusts, § 248 et seq. Am. Jur. Proof of Facts. - Trustee’s

Failure to Diversify Investments, 14 POF2d 253. Trustee’s Representation That It Possessed Expert Knowledge or Skill, 19 POF2d 45. Self-Dealing by Trustee, 38 POF3d 279.

Notes of Decisions

Cited in 4 cases, 2011–2020 · leading case: McPherson v. McPherson, 705 S.E.2d 314 (Ga. Ct. App. 2011).

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McPherson v. McPherson, 705 S.E.2d 314 (Ga. Ct. App. 2011). · cites it 2× “Eric has not disputed the trustees’ evidence that before his removal as trustee, Eric refused to sign legal documents after verbally promising to do so, placed his girlfriend on the company payroll, and threatened to sue his siblings.”

Callaway v. Willard, 739 S.E.2d 533 (Ga. Ct. App. 2013). · cites it 2× “(b) Nor do we find that Bryant and Lee’s motion for injunctive relief, filed as part of the Evans County action, constitutes a “legal or equitable challenge” to a management decision of Callaway in administering the Trust or in managing the Trust estate.”

Phillip D. Faircloth v. Elizabeth K. Glass, as Rep. of Ashley Glass (Ga. Ct. App. 2020). · cites it 6× “” Faircloth and Sexton argue that allowing the Beneficiaries to change the trustees by modifying the Trust conflicts with OCGA § 53-12-221 (a) (“the Removal Statute”), which provides: “A trustee may be removed: (1) In accordance with the provisions of the trust; or (2) Upon…”

William Callaway v. Lucinda Willard (Ga. Ct. App. 2013). · cites it 2× “482, 482 ( 350 SE2d 237 ) (1986) (holding that as a matter of law, a beneficiary may file an action seeking to require a trustee to comply with his fiduciary duties, without violating an the terrorem clause contained in the trust documents); OCGA § 53-12-221 (a) (2) (“A trustee…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.