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2018 Georgia Code 53-12-25 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-12-25 Case Law from Google Scholar Amendments to OCGA 53-12-25

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

53-12-25. Transfer of property in trust.

  1. Transfer of property in trust shall require a transfer of legal title to the trustee. In any transfer of property or any interest in property, if a trust is named as a grantee, whether such trust is held under the laws of this state or of any other jurisdiction, then such transfer is deemed to have been made to the trustee of such trust as though the trustee of such trust had been named as grantee instead of the trust.
  2. For any interest in real property to become trust property in a trust of which any transferor is a trustee, the instrument of conveyance shall additionally be recorded in the appropriate real property records.

(Code 1981, §53-12-25, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2018, p. 262, § 6/HB 121.)

The 2018 amendment, effective July 1, 2018, in subsection (a), substituted "property in trust" for "property to a trust" in the first sentence, and added the second sentence.

Law reviews.

- For annual survey on wills, trusts, guardianships, and fiduciary administration, see 65 Mercer L. Rev. 295 (2013).

JUDICIAL DECISIONS

Wrongful death claim did not comprise the res of a technical trust.

- Creditors' 11 U.S.C. § 523(a)(4) claim against a Chapter 13 debtor, their attorney, was dismissed because although the attorney failed to file a wrongful death complaint on the creditors' behalf and represented to the creditors that the attorney had, the creditors failed to allege a contract or other agreement establishing a technical trust. The creditors' wrongful death cause of action did not comprise the res of a technical trust because under O.C.G.A. § 53-12-25 only property subject to transfer by the settler could become the subject matter of a trust, and under O.C.G.A. § 44-12-24 the creditors' wrongful death action was non-transferable. Crisler v. Farr (In re Farr), Bankr. (Bankr. M.D. Ga. May 18, 2011).

Retroactive application of statute prohibited.

- Rights of the decedent's surviving spouse were already vested when the Revised Georgia Trust Code of 2010 (Revised Code), O.C.G.A. § 53-12-1 et seq., was enacted because under the terms of the amended trust agreement, the surviving spouse's rights to the trust assets took effect upon the decedent's death before the Revised Code took effect. Accordingly, any new obligation imposed by the Revised Code that would have impaired the surviving spouse's right to possession could not be applied retroactively, and O.C.G.A. § 53-12-25 would have had no application to the trust if it, in fact, created such a new obligation. Rose v. Waldrip, 316 Ga. App. 812, 730 S.E.2d 529 (2012), cert. denied, No. S12C1888, 2012 Ga. LEXIS 981 (Ga. 2012).

Cases Citing Georgia Code 53-12-25 From Courtlistener.com

Total Results: 5

Gibson v. Gibson

Court: Supreme Court of Georgia | Date Filed: 2017-06-05

Citation: 301 Ga. 622, 801 S.E.2d 40, 2017 WL 2417057, 2017 Ga. LEXIS 455

Snippet: into the trusts were ineffective under OCGA § 53-12-25 (a) because the *623accounts erroneously listed

Rector of Christ Church v. Bishop of Episcopal Diocese of Georgia, Inc.

Court: Supreme Court of Georgia | Date Filed: 2011-11-21

Citation: 718 S.E.2d 237, 290 Ga. 95, 2011 Fulton County D. Rep. 3631, 2011 Ga. LEXIS 932

Snippet: absent a valid deed being recorded. See OCGA § 53-12-25 (b). Further, there is no evidence on the record

Forsyth County v. White

Court: Supreme Court of Georgia | Date Filed: 2000-06-12

Citation: 532 S.E.2d 392, 272 Ga. 619, 2000 Fulton County D. Rep. 2222, 2000 Ga. LEXIS 499

Snippet: cannot shoulder that burden. See generally OCGA § 53-12-25 ("Property may be added to an existing trust from

Speed v. Speed

Court: Supreme Court of Georgia | Date Filed: 1993-06-07

Citation: 430 S.E.2d 348, 263 Ga. 166, 93 Fulton County D. Rep. 2110, 1993 Ga. LEXIS 476

Snippet: is invalid in its entirety under former OCGA § 53-12-25, see Stephens v. Stephens, 218 Ga. 671, 675 (130

Odum v. Henry

Court: Supreme Court of Georgia | Date Filed: 1985-09-26

Citation: 334 S.E.2d 304, 254 Ga. 739, 1985 Ga. LEXIS 836

Snippet: trustee until the disability is removed. OCGA § 53-12-25; Stringfellow v. Harman, 207 Ga. 62 (60 SE2d 139)