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O.C.G.A. § 53-12-221 — Removal of trustee | Georgia Code
O.C.G.A. § 53-12-221 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

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

ARTICLE 11 TRUSTEES

53-12-221. Removal of trustee.

  1. 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.
  2. 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.

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

JUDICIAL DECISIONS

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).

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This Georgia Code resource is curated by the attorney maintaining this site, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.