reglab/housing_qa huggingface dataset:
GA Code § 53-12-306 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 14 - Trustee Liability|§ 53-12-306. Action Against Cotrustee

  A trustee may maintain an action against a cotrustee to:   Compel the cotrustee to perform duties required under the trust;   Enjoin the cotrustee from committing a breach of trust; or   Compel the cotrustee to redress a breach of trust committed by such cotrustee.     The provision of remedies for a breach of trust shall not prevent resort to any other appropriate remedy provided by statute or common law.     (Code 1981, §53-12-306, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)
GA Code § 53-12-308 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 14 - Trustee Liability|§ 53-12-308. Personal Liability of Trustee

  A trustee shall not be personally liable on any warranty made in any conveyance unless the intention to create a personal liability is distinctly expressed.   Unless otherwise provided in the contract, a trustee shall not be personally liable on contracts properly entered into in the trustee's fiduciary capacity unless the trustee fails to reveal the trustee's representative capacity in the contract.   A judgment rendered in an action brought against the trust shall impose no personal liability on the trustee or the beneficiary.     (Code 1981, §53-12-308, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)   Law reviews.   - For article, "Noticing the Bankruptcy Sale: The Purchased Property May Not Be as 'Free and Clear of All Liens, Claims and Encumberances' as You Think," see 15 (No. 5) Ga. St. B.J. 12 (2010).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, decisions under former Civil Code 1872, § 3377, former Code 1895, § 3203, former O.C.G.A. § 53-12-154, and former O.C.G.A. § 53-12-199 of the 1991 Trust Act are included in the annotations for this Code section.    Trustee shall not incur any individual or personal liability in such action. On the contrary, the statute expressly declares: "The judgment thus rendered shall impose no personal liability on the trustee," etc. It will therefore be seen that one is a mere nominal party, so far as personal interest in the action is concerned, charged with the duty of defending the action, not in one's own behalf, but on behalf of the cestuis que trust. If one fails properly to discharge this duty, one is liable to them in damages. Wagnon v. Pease, 104 Ga. 417, 30 S.E. 895 (1898) (decided under former Code 1895, § 3203). Vason & Davis v. Gardner, 70 Ga. 517 (1883) See also.   Limitation of liability proper.    - In an action by beneficiaries of a trust to recover on a promissory note, the trial court did not err in limiting their potential counterclaim liability to the amount the beneficiaries would otherwise have received as trust beneficiaries since the beneficiaries could not be held personally liable in an action against the trust. Altama Delta Corp. v. Howell, 225 Ga. App. 78, 483 S.E.2d 127 (1997) (decided under former O.C.G.A. § 53-12-199).   Insurer's duty to defend.    - Insurer did not have a duty to defend a trustee as the real estate at issue was conveyed to the purchasers by another individual acting as attorney-in-fact for the trustee in the trustee's role as trustee, and the trustee did not allege the trustee had any interaction with the purchasers that would have created personal liability under state law, former O.C.G.A. § 53-12-199 (see O.C.G.A. § 53-12-308). Burt v. Great N. Ins. Co., 290 Fed. Appx. 297 (11th Cir. 2008)(Unpublished) (decided under former O.C.G.A. § 53-12-199).   RESEARCH REFERENCES   Am. Jur. 2d.   - 76 Am. Jur. 2d, Trusts, § 267.
GA Code § 53-12-320 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 15 - Nonresidents and Foreign Entities Acting as Trustees|§ 53-12-320. Nonresidents Acting as Trustees

  Any nonresident who is eligible to serve as a trustee under Code Section 53-12-201 may act as a trustee in this state pursuant to the terms of this Code section.   Any nonresident trustee who acts as a trustee in this state shall be deemed to have consented to service upon the Secretary of State of any summons, notice, or process in connection with any action or proceeding in the courts of this state growing out of or based upon any act or failure to act on the part of the trustee unless the trustee shall designate as the agent for such service some person who may be found and served with notice, summons, or process in this state by a designation to be filed, from time to time, in the office of the Secretary of State, giving the name of the agent and the place in this state where the agent may be found and served.   If a nonresident trustee fails to designate a person who may be found and served with summons, notice, or process in this state, service of summons, notice, or process shall be made upon such trustee by serving a copy of the petition or other pleading, with process attached thereto, on the Secretary of State. The service shall be sufficient service upon such nonresident trustee, provided that notice of the service and a copy of the petition and process is forthwith sent by registered or certified mail or statutory overnight delivery by the plaintiff or the plaintiff's agent to such trustee, in the state where such trustee resides, and the return receipt is appended to the summons or other process and filed with the summons, petition, and other papers in the court where the action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him or her under this Code section.     (Code 1981, §53-12-320, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 752, § 53/HB 142.)   RESEARCH REFERENCES   ALR.   - Eligibility of foreign corporation to appointment as executor, administrator, or testamentary trustee, 26 A.L.R.3d 1019.
GA Code § 53-12-321 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 15 - Nonresidents and Foreign Entities Acting as Trustees|§ 53-12-321. Foreign Entities Acting as Trustees

  Any foreign entity may act in this state as trustee, executor, administrator, guardian, or any other like or similar fiduciary capacity, whether the appointment is by law, will, deed, inter vivos trust, security deed, mortgage, deed of trust, court order, or otherwise without the necessity of complying with any law of this state relating to the qualification of foreign entities to do business in this state or the licensing of foreign entities to do business in this state, except as provided in this article, and notwithstanding any prohibition, limitation, or restriction contained in any other law of this state, provided only that the foreign entity is authorized to act in the fiduciary capacity in the state in which it is chartered or licensed or, if the foreign entity is a national banking association, in the state in which it has its principal place of business.   Any foreign entity seeking to exercise fiduciary powers in this state, upon qualifying in this state to act in any of such fiduciary capacities, shall not be required by law to give bond, if bond is relieved by the instrument, law, or court order in which such entity has been designated to act in such fiduciary capacity.   Nothing in this article shall be construed to prohibit or make unlawful any activity in this state by a bank or other entity which is not incorporated or organized under the laws of this state or by a national bank which does not have its principal place of business in this state, which activity would be lawful in the absence of this article.     (Code 1981, §53-12-321, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 551, § 14/SB 134; Ga. L. 2017, p. 193, § 29/HB 143.)   RESEARCH REFERENCES   ALR.   - Eligibility of foreign corporation to appointment as executor, administrator, or testamentary trustee, 26 A.L.R.3d 1019.
GA Code § 53-12-322 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 15 - Nonresidents and Foreign Entities Acting as Trustees|§ 53-12-322. Acting as Fiduciary; Establishment of Place of Business Prohibited; Certificate of Authority Required

 A foreign entity, insofar as it acts in a fiduciary capacity in this state pursuant to this article, shall not establish or maintain in this state a place of business, branch office, or agency for the conduct in this state of business as a fiduciary unless it obtains a certificate of authority to transact business in this state as required by Article 15 of Chapter 2 of Title 14.    (Code 1981, §53-12-322, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2017, p. 193, § 30/HB 143.)   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Code 1933, § 108-804, are included in the annotations for this Code section.    Prohibition applies to national banks located in states other than Georgia  and makes it clear that out-of-state entities may not open trust offices in Georgia. 1980 Op. Att'y Gen. No. 80-156 (decided under former Code 1933, § 108-804).
GA Code § 53-12-500 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 18 - Trust Directors|§ 53-12-500. Definitions

 As used in this article, the term:    "Directed trustee" means a trustee that is subject to a trust director's power of direction.   "Power of appointment" means a power that enables a person, acting in a nonfiduciary capacity, to:   Designate a recipient of either an ownership interest in or another power of appointment over trust property;   Rescind or terminate either an ownership interest in or another power of appointment over trust property; and   Determine when a beneficiary shall have the rights granted under Code Sections 53-12-242 and 53-12-243 or similar rights granted under the governing instrument.     "Power of direction" means a power over a trust granted to a person by the trust instrument to the extent the power is exercisable in a capacity other than as a trustee. Such term includes a power over the administration of the trust or the investment, management, or distribution of the trust property; a power to consent to a trustee's actions, whether through exercise of an affirmative power to consent or through nonexercise of a veto power over a trustee's actions, where a trustee may not act without such consent; and all further powers appropriate to the exercise or nonexercise of such powers held by the trust director pursuant to subsection (a) of Code Section 53-12-502. Such term shall exclude the powers described in subsection (b) of Code Section 53-12-501.   "Trust director" means a person that is granted a power of direction by a trust to the extent the power is exercisable in a capacity other than as a trustee, regardless of whether the trust instrument refers to such person as a trust director and regardless of whether the person is a beneficiary or settlor of the trust.     (Code 1981, §53-12-500, enacted by Ga. L. 2018, p. 262, § 25/HB 121; Ga. L. 2020, p. 377, § 1-87/HB 865.)    The 2020 amendment,  effective January 1, 2021, in paragraph (2), substituted ": (A) Designate" for "designate", added a semicolon at the end of present subparagraph (2)(A), and added subparagraphs (2)(B) and (2)(C); in paragraph (3), substituted "in a capacity other than" for "while the person is not serving" in the first sentence and in the second sentence, substituted "where" for "when", substituted "and all" for "a power to represent a beneficiary, other than a power under Code Section 53-12-8; and, except as otherwise provided in the trust instrument, any", and added "held by the trust director pursuant to subsection (a) of Code Section 53-12-502"; and, in paragraph (4), substituted "in a capacity other than" for "while the person is not serving", substituted "whether" for "how", and inserted "as a trust director".   Law reviews.   - For article on the 2018 enactment of this article, see 35 Ga. St. U. L. Rev. 219 (2018). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 70 Mercer L. Rev. 275 (2018).
GA Code § 53-12-501 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 18 - Trust Directors|§ 53-12-501. Application of Article; Construction of Trust Instrument

  This article shall apply when the trust instrument evidences the settlor's intent to provide for the office and function of a trust director, regardless of the terms used to describe such office and functions.   This article shall not apply to:   A power of appointment;   A power to appoint or remove a trustee or trust director;   A power of a settlor to revoke the trust or amend the trust instrument;   A power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of the beneficiary or a person represented by the beneficiary under Code Section 53-12-8 with respect to the exercise or nonexercise of the power; or   A power over a trust if both:   The trust instrument provides such power is held in a nonfiduciary capacity; and   Such power is held in a nonfiduciary capacity to achieve the settlor's tax objectives.       Except as otherwise provided in the trust instrument, for purposes of this Code section a power granted to a person to designate a recipient of an ownership interest in or power over trust property that is exercisable in a capacity other than as a trustee is a power of appointment and not a power of direction.     (Code 1981, §53-12-501, enacted by Ga. L. 2018, p. 262, § 25/HB 121; Ga. L. 2020, p. 377, § 1-88/HB 865; Ga. L. 2021, p. 922, § 53/HB 497.)    The 2020 amendment,  effective January 1, 2021, in paragraph (b)(5), inserted "both" and substituted "trust instrument provides" for "terms of the trust provide" and, in subsection (c), substituted "granted to a person to designate a recipient of an ownership interest in or power over trust property that is exercisable in a capacity other than as a trustee is" for "that is both a power of appointment and a power of direction shall be deemed".    The 2021 amendment,  effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted "power is held" for "power must be held" in subparagraph (b)(5)(B).
GA Code § 53-12-502 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 18 - Trust Directors|§ 53-12-502. Authority, Procedures, and Powers of Trust Directors

  Except as otherwise provided in this Code section, a trust instrument may grant powers of direction to a trust director.   Except as otherwise provided in the trust instrument, when a trust instrument grants powers of direction to a trust director, the trust director shall have any further powers appropriate to the exercise or nonexercise of the powers of direction.   A trust director shall have the same power to employ and compensate persons, subject to the same limitations, that a trustee has under paragraph (23) of subsection (b) of Code Section 53-12-261.   The powers of direction of a trust director who is also a beneficiary shall be subject to the limitations of Code Section 53-12-270.   In the case of a power to modify the trust:   The duties or liabilities of a trustee may not be enlarged without the trustee's express consent; and   A trustee shall not be liable for failing to act in accordance with a modification or termination of a trust of which the trustee had no notice.       (Code 1981, §53-12-502, enacted by Ga. L. 2018, p. 262, § 25/HB 121; Ga. L. 2020, p. 377, § 1-89/HB 865.)    The 2020 amendment,  effective January 1, 2021, substituted "Except as otherwise provided in" for "Subject to" at the beginning of subsection (a); substituted "Except as otherwise provided in the trust instrument, when a trust instrument grants powers of direction to a trust director, the trust director shall have any further powers appropriate to the exercise or nonexercise of the powers of direction." for "A trust director shall be subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction regarding: (1) A payback provision in the trust necessary to comply with the reimbursement requirements of Medicaid law in Section 1917 of the Social Security Act, 42 U.S.C. Section 1396p(d)(4)(A), as it existed on February 1, 2018, and regulations issued thereunder; and (2) A charitable interest in the trust." in subsection (b); added subsection (c) and redesignated former subsections (c) and (d) as subsections (d) and (e).
GA Code § 53-12-505 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 18 - Trust Directors|§ 53-12-505. Relief From Duty and Liability

 A trust instrument may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that a directed trustee is relieved from duty and liability with respect to a trust director's power of direction under this article.    (Code 1981, §53-12-505, enacted by Ga. L. 2018, p. 262, § 25/HB 121.)
GA Code § 53-12-506 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 18 - Trust Directors|§ 53-12-506. Statutory Provisions Applicable to Trust Directors; Defenses Available to Trust Directors; Personal Jurisdiction; Term "Trustee" Includes Trust Director Where Required or Permitted

  An individual shall be eligible to serve as a trust director regardless of citizenship and residency. If the trust director is a corporation, partnership, or other entity, it shall be required to have the power to act as a trustee in Georgia.   The rules applicable to a trustee apply to a trust director regarding:   Jurisdiction under Code Section 53-12-6;   Appointment and acceptance, compensation, and resignation and removal of trustees under Article 11 of this chapter;   Accounting under Article 12 of this chapter; and   Nonresidents and foreign entities acting as trustees under Article 15 of this chapter.     In an action against a trust director for breach of trust, the trust director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.   By accepting appointment as a trust director of a trust subject to this article, a trust director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of a trust director. This subsection shall not preclude use of another method to obtain jurisdiction over a trust director.   As used in this Code, where the context requires or permits, the term "trustee" includes a trust director.     (Code 1981, §53-12-506, enacted by Ga. L. 2018, p. 262, § 25/HB 121; Ga. L. 2020, p. 377, § 1-92/HB 865.)    The 2020 amendment,  effective January 1, 2021, added subsections (a) and (e) and redesignated former subsections (a) through (c) as present subsections (b) through (d); in subsection (b), in the introductory language, substituted "The" for "Except as otherwise provided in the trust instrument, the" and deleted "shall" following "trustee", rewrote paragraph (b)(1), which formerly read: "Appointment and vacancies under Code Section 53-12-201", rewrote paragraph (b)(2), which formerly read: "Acceptance under Code Section 53-12-202", rewrote paragraph (b)(3), which formerly read: "Giving of a bond under Code Section 53-12-203", rewrote paragraph (b)(4), which formerly read: "Co-trustees under Code Section 53-12-204", and deleted former paragraphs (b)(5) through (b)(8), which formerly read: "(5) Compensation and reimbursement of expenses under Code Sections 53-12-210 through 53-12-214; (6) Resignation under Code Section 53-12-220; (7) Removal under Code Section 53-12-221; and (8) Service under Code Section 53-12-320".
GA Code § 53-13-1 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 13 - Revised Uniform Fiduciary Access to Digital Assets|Article 1 - General Provisions|§ 53-13-1. Short Title

 This chapter shall be known and may be cited as the "Revised Uniform Fiduciary Access to Digital Assets Act."    (Code 1981, §53-13-1, enacted by Ga. L. 2018, p. 1089, § 1/SB 301.)
GA Code § 53-13-3 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 13 - Revised Uniform Fiduciary Access to Digital Assets|Article 1 - General Provisions|§ 53-13-3. Application

  This chapter shall apply to a:   Fiduciary acting under a will or power of attorney;   Personal representative acting for a decedent;   Conservatorship; and   Trustee.     This chapter shall apply to a custodian if the user resides in this state or resided in this state at the time of the user's death.   This chapter shall not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.     (Code 1981, §53-13-3, enacted by Ga. L. 2018, p. 1089, § 1/SB 301.)
GA Code § 53-13-4 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 13 - Revised Uniform Fiduciary Access to Digital Assets|Article 1 - General Provisions|§ 53-13-4. Service of Notice

 In any proceeding brought pursuant to this chapter, service of notice shall be made in the manner provided by Chapter 11 of this title.    (Code 1981, §53-13-4, enacted by Ga. L. 2020, p. 377, § 1-94/HB 865.)
GA Code § 53-13-10 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 13 - Revised Uniform Fiduciary Access to Digital Assets|Article 2 - Rights of Custodians or Users|§ 53-13-10. User's Direction on Disclosures

  A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool shall override a contrary direction by the user in a will, trust, power of attorney, or other record.   If a user has not used an online tool to give direction under subsection (a) of this Code section or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.   A user's direction under subsection (a) or (b) of this Code section shall override a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.     (Code 1981, §53-13-10, enacted by Ga. L. 2018, p. 1089, § 1/SB 301.)
GA Code § 53-13-11 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 13 - Revised Uniform Fiduciary Access to Digital Assets|Article 2 - Rights of Custodians or Users|§ 53-13-11. Modification to Existing Rights

  This chapter shall not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.   This chapter shall not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.   A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under Code Section 53-13-10.     (Code 1981, §53-13-11, enacted by Ga. L. 2018, p. 1089, § 1/SB 301.)