2006 Georgia Code - 53-12-198

53-12-198. (a) Unless a claim is previously barred by adjudication, consent, limitation, or otherwise, if a beneficiary has received a written report that adequately discloses the existence of a claim against the trustee for breach of trust, the claim is barred as to that beneficiary unless a proceeding to assert the claim is commenced within six years after receipt of the report. A report adequately discloses existence of a claim if it provides sufficient information so that the beneficiary knows of the claim or reasonably should have inquired into the existence of the claim. If the beneficiary has not received a report which adequately discloses the existence of a claim against the trustee for breach of trust, the claim is barred as to that beneficiary unless a proceeding to assert the claim is commenced within six years after the beneficiary discovered, or reasonably should have discovered, the subject of the claim. (b) A successor trustee´s claim against a predecessor trustee is barred unless a proceeding to assert the claim is commenced within six years after the successor trustee takes office. (c) A trustee´s claim against a cotrustee is barred unless a proceeding to assert the claim is commenced within six years after the date the cause of action against the cotrustee arises. (d) With respect to a claim which accrued prior to July 1, 1991, the claim is barred unless a proceeding to assert the claim is commenced either prior to the date the claim would have been barred had this Code section not been enacted or within six years from July 1, 1991, whichever is sooner.

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