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Georgia State Code
Title      53
Chapter      12  
Section Navigation     1 ... 22         23 ... 53    
    54 ... 73         74 ... 113   
   114 ... 126       127 ... 152   
   153 ... 190         191 ... 210   
   211 ... 230       231 ... 255   
   256 ... 280       281 ... 300   
   301 ... 327       328 ... 371   
   372 ... 394     
Section<<< 191 192 193 194 195 196 197 198 199 210 >>>  
Title 53, Chapter 12, Section 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.

Friday August 29 18:39 CDT


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