2006 Georgia Code - 53-12-192

53-12-192. (a) Notwithstanding the remedy set forth in subsection (c) of Code Section 53-12-222 for an abuse of discretion as provided in Code Sections 53-12-220 and 53-12-221, if a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary shall have a cause of action: (1) To recover damages; (2) To compel the trustee to perform the trusteés duties; (3) To enjoin the trustee from committing a breach of trust; (4) To compel the trustee to redress a breach of trust by payment of money or otherwise; (5) To appoint a receiver or temporary trustee to take possession of the trust property and administer the trust; (6) To remove the trustee; (7) To reduce or deny compensation of the trustee. (b) When trust assets are misapplied and can be traced in the hands of persons affected with notice of the misapplication, the trust shall attach to the assets. A creditor of an estate may follow assets in the hands of legatees or distributees even if they were received without notice. (c) The provision of remedies for breach of trust does not prevent resort to any other appropriate remedy provided by statute or common law.

Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.