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2018 Georgia Code 53-12-245 | Car Wreck Lawyer

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

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

ARTICLE 13 TRUSTEES' DUTIES AND POWERS

53-12-245. No duty to investigate resources.

A trustee shall not be under any duty to investigate the resources of any beneficiary when determining whether to distribute trust property to such beneficiary.

(Code 1981, §53-12-245, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)

JUDICIAL DECISIONS

Resources of beneficiary not required to be considered.

- In an appeal of an order granting a trustees' motion for summary judgment on a claim for breach of trust and breach of fiduciary duty, the court of appeals proceeded under the Revised Georgia Trust Code, O.C.G.A. § 53-12-1 et seq., as supplemented by the common law because even assuming that past distributions under the trust amounted to vested rights, the plaintiff could not show that the Revised Trust Code created any new trustees' obligations or impaired those rights in any relevant way; although the Revised Trust Code did not require a trustee to consider the resources of any beneficiary when determining whether to distribute trust property, O.C.G.A. § 53-12-245, the trust instrument affirmatively directed the trustees to do so. McPherson v. McPherson, 307 Ga. App. 548, 705 S.E.2d 314 (2011).

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