O.C.G.A.

O.C.G.A. § 53-12-305 (2019)

Liability of cotrustee

✓ 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 shall be liable to the beneficiary for a breach committed by a cotrustee if such trustee:

(1) Participates in a breach of trust committed by the cotrustee;

(2) Improperly delegates the administration of the trust to the cotrustee;

(3) Approves, knowingly acquiesces in, or conceals a breach of trust committed by the cotrustee;

(4) Negligently enables the cotrustee to commit a breach of trust; or

(5) Neglects to take reasonable steps to compel the cotrustee to redress a breach of trust in a case where such trustee knows or reasonably should have known of the breach of trust.

(b) If two or more cotrustees are jointly liable to the beneficiary, each cotrustee shall be entitled to contribution from the other, as determined by the degree of each cotrustee’s fault.

History

Code 1981, § 53-12-305, enacted by Ga. L. 2010, p. 579, § 1/SB 131.

Notes of Decisions

Cited in 1 case, 2019–2019 · leading case: Mary Harman Beard, as of the Est. of James H. Beard, III v. Harriet H. Rondowsky, as Co-Tr. of the Charles C. Harman Trust (Ga. Ct. App. 2019).

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Mary Harman Beard, as of the Est. of James H. Beard, III v. Harriet H. Rondowsky, as Co-Tr. of the Charles C. Harman Trust (Ga. Ct. App. 2019). · cites it 6× “(a) Nevertheless, Rondowsky argues that there are genuine issues of material fact as to whether her duty to protect the Trust under OCGA § 53-12-305 (a) (3) 10 OCGA § 53-12-204 (2).”

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.