2006 Georgia Code - 53-12-193

53-12-193. (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, a trustee who commits a breach of trust is personally chargeable with any damages resulting from the breach of trust including but not limited to: (1) Any loss or depreciation in value of the trust property as a result of the breach of trust with interest; (2) Any profit made by the trustee through the breach of trust with interest; (3) Any amount that would reasonably have accrued to the trust or beneficiary if there had been no breach of trust with interest; and (4) In the discretion of the court, expenses of litigation, including reasonable attorneýs fees incurred by the beneficiary in bringing an action on the breach or threat to commit a breach. (b) If the trustee is liable for interest, then the amount of the liability for interest shall be the greater of the following amounts: (1) The amount of interest that accrues at the legal rate on judgments; or (2) The amount of interest actually received.

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