2006 Georgia Code - 53-12-195

53-12-195. (a) A successor trustee is liable to the beneficiary for breach of trust involving acts or omissions of a predecessor trustee only: (1) If the successor trustee knows or reasonably should have known of a situation constituting a breach of trust committed by the predecessor trustee and the successor trustee improperly permits it to continue; (2) If the successor trustee neglects to take reasonable steps to compel the predecessor to deliver the trust property to the successor trustee; or (3) If the successor trustee neglects to take reasonable steps to redress a breach of trust committed by the predecessor trustee in a case where the successor trustee knows or reasonably should have known of the predecessor trustee´s breach. (b) A trustee succeeding a trustee who was also the grantor is not liable to the beneficiary for any action taken or omitted to be taken by the prior trustee; nor does such successor trustee have a duty to institute any action against such prior trustee or to file any claim against such prior trustee´s estate for any of the prior trustee´s acts or omissions as trustee. This subsection applies only with respect to a trust or any portion of a trust that was revocable by the grantor during the time that the grantor served as trustee and committed the act or omission.

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