Maryland Estates and Trusts Section 15-112

Article - Estates and Trusts

§ 15-112.

      (a)      (1)      A court shall remove a fiduciary who has:

                  (i)      Willfully misrepresented material facts leading to his appointment or to other action by the court in reference to the fiduciary estate;

                  (ii)      Willfully disregarded an order of court;

                  (iii)      Shown himself incapable, with or without fault to properly perform the duties of his office; or

                  (iv)      Breached his duty of good faith or loyalty in the management of property of the fiduciary estate.

            (2)      A court may remove a fiduciary who has:

                  (i)      Negligently failed to file a bond within the time required by rule or order of court;

                  (ii)      Negligently failed to obey an order of court; or

                  (iii)      Failed to perform any of his duties as fiduciary, or to competently administer the fiduciary estate.

      (b)      Procedures for the removal of a fiduciary shall be conducted by the court in accordance with the provisions of the Maryland Rules applying to a fiduciary.

      (c)      The provisions of this section shall not apply to personal representatives.



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