reglab/housing_qa huggingface dataset:
GA Code § 53-12-28 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 2 - Creation and Validity of Express Trusts|§ 53-12-28. Trusts for Animals

  A trust may be created to provide for the care of an animal that is alive during the settlor's lifetime. The trust shall terminate upon the death of such animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.   A trust authorized by this Code section may be enforced by a person appointed in the trust instrument or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.   Upon termination of a trust authorized by this Code section, the trustee shall transfer any unexpended trust property in the following order:   As directed in the trust instrument;   If the trust was created in a nonresiduary clause in the settlor's will or in a codicil to the settlor's will, under the residuary clause in the settlor's will; and   If no taker is produced by the application of paragraph (1) or (2) of this subsection, to the settlor, if living, and if not, to the settlor's heirs, as determined under Code Section 53-2-1.       (Code 1981, §53-12-28, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)
GA Code § 53-12-40 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 3 - Revocable Trusts|§ 53-12-40. Revocation and Modification Generally

  A settlor shall have no power to modify or revoke a trust in the absence of an express reservation of such power.   A power to revoke shall be deemed to include a power to modify, and an unrestricted power to modify shall be deemed to include a power to revoke.   Any revocation or modification of an express trust shall be in writing and signed by the settlor.     (Code 1981, §53-12-40, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)   Law reviews.   - For annual survey on wills, trusts, guardianships, and fiduciary administration, see 67 Mercer L. Rev. 273 (2015).   JUDICIAL DECISIONS   Settlor reserved right to amend trust.    - Because a trust provided that the settlor "may at any time by duly executed written instrument alter or amend" the trust, the settlor had reserved the right to alter or amend the trust, O.C.G.A. § 53-12-40(a), and the settlor's execution of a power of attorney clearly expressed the settlor's intent to name the settlor's son as the executor of the settlor's estate and the trust and was properly notarized under O.C.G.A. § 45-17-6(a)(1). Strange v. Towns, 330 Ga. App. 876, 769 S.E.2d 604 (2015).
GA Code § 53-12-41 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 3 - Revocable Trusts|§ 53-12-41. Trustee's Consent Necessary to Enlarge Duties

 In exercising a power to modify the trust instrument, the settlor shall not enlarge the duties or liabilities of the trustee without the trustee's express consent.    (Code 1981, §53-12-41, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)
GA Code § 53-12-42 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 3 - Revocable Trusts|§ 53-12-42. Notice to Trustee

 A trustee shall not be liable for failing to act in accordance with the terms and conditions of an amendment or revocation of a trust of which the trustee had no notice.    (Code 1981, §53-12-42, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)
GA Code § 53-12-43 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 3 - Revocable Trusts|§ 53-12-43. Power of Agent or Conservator to Revoke Trust

  A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the trust instrument and the power.   A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by the settlor's conservator only as provided in Code Section 29-5-23.     (Code 1981, §53-12-43, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)
GA Code § 53-12-44 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 3 - Revocable Trusts|§ 53-12-44. Trust Not Revocable Because Life Estate Holder Has Reversion

 No trust shall be considered to be revocable merely because the life beneficiary has a reversion in or a power of appointment over assets of the trust or because the life beneficiary's heirs or estate have a remainder interest therein.    (Code 1981, §53-12-44, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)
GA Code § 53-12-45 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 3 - Revocable Trusts|§ 53-12-45. Limitation on Action Contesting Validity of Revocable Trust

  Any judicial proceeding to contest the validity of a trust that was revocable immediately before the settlor's death shall be commenced within two years of the settlor's death.   Upon the death of the settlor of a trust that was revocable immediately before the settlor's death, the trustee may proceed to distribute the trust property in accordance with the trust provisions. The trustee shall not be subject to liability for doing so unless:   The trustee knows of a pending judicial proceeding contesting the validity of the trust; or   A potential contestant has notified the trustee in writing of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent such notification.     A beneficiary of a trust that is determined to have been invalid shall be liable to return any distribution received.     (Code 1981, §53-12-45, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 752, § 53/HB 142.)   Law reviews.   - For annual survey of law on wills, trusts, guardianships, and fiduciary administration, see 62 Mercer L. Rev. 365 (2010).   JUDICIAL DECISIONS   Action time barred.    - Because a decedent died in May 2013, the two-year period in O.C.G.A. § 53-12-45(a) barred the niece's challenge to the decedent's revocable trust's validity asserted in January 2017; it was immaterial whether § 53-12-45(a) was a statute of limitation or repose because the niece had actual notice of the trust two months after the decedent died. Howell v. Bates, 350 Ga. App. 708, 830 S.E.2d 250 (2019).
GA Code § 53-12-60 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 4 - Reformation, Modification, Division, Consolidation, and Termination of Trusts|§ 53-12-60. Reformation to Correct Mistakes

  If it is proved by clear and convincing evidence that the trust provisions were affected by a mistake of fact or law, whether in expression or inducement, the court may reform the trust provisions, even if unambiguous, to conform the provisions to the settlor's intention.   A petition for reformation may be filed by the trustee, any trust director, or any beneficiary or, in the case of an unfunded testamentary trust, the personal representative of the settlor's estate.   Notice of a petition for reformation of the trust shall be given to the trustee, any trust director, and all qualified beneficiaries.     (Code 1981, §53-12-60, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2020, p. 377, § 1-75/HB 865.)    The 2020 amendment,  effective January 1, 2021, inserted ", any trust director," in subsection (b); and substituted ", any trust director, and all qualified beneficiaries" for "and all beneficiaries" in subsection (c).
GA Code § 53-12-63 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 4 - Reformation, Modification, Division, Consolidation, and Termination of Trusts|§ 53-12-63. Division and Consolidation of Trusts

 Reserved. Repealed by Ga. L. 2018, p. 262, § 9/HB 121, effective July 1, 2018.   Editor's notes.   - This Code section was based on Ga. L. 2010, p. 579, § 1/SB 131.   Law reviews.   - For article on the 2018 repeal of this Code section, see 35 Ga. St. U. L. Rev. 219 (2018).
GA Code § 53-12-64 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 4 - Reformation, Modification, Division, Consolidation, and Termination of Trusts|§ 53-12-64. Termination of Trusts

 Reserved. Repealed by Ga. L. 2018, p. 262, § 10/HB 121, effective July 1, 2018.   Editor's notes.   - This Code section was based on Ga. L. 2010, p. 579, § 1/SB 131.   Law reviews.   - For article on the 2018 repeal of this Code section, see 35 Ga. St. U. L. Rev. 219 (2018).
GA Code § 53-12-65 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 4 - Reformation, Modification, Division, Consolidation, and Termination of Trusts|§ 53-12-65. Modification or Termination of Uneconomic Trust

  After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property either having a total value less than $100,000.00 or for which the trustee's annual fee for administering the trust is 5 percent or more of the market value of the principal assets of the trust as of the last day of the preceding trust accounting year may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration, provided that in the case of a cemetery trust, notice shall be given to the Attorney General. For purposes of this subsection, the term "cemetery trust" means a trust the sole purpose of which is to hold and invest property to be used for the maintenance and care of cemetery plots.   The court may modify or terminate a trust or remove a trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration.   Upon termination of a trust under this Code section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.   This Code section shall not apply to an easement for conservation.   This Code section shall not apply to trusts governed by Chapter 14 of Title 10.     (Code 1981, §53-12-65, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2018, p. 262, § 11/HB 121.)   Law reviews.   - For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 219 (2018).
GA Code § 53-12-81 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 5 - Spendthrift Provisions and Creditors' Rights and Claims|§ 53-12-81. Limitations on Creditors' Rights to Discretionary Distributions

 A transferee or creditor of a beneficiary shall not compel the trustee or a trust director to pay any amount that is payable only in the discretion of the trustee or trust director regardless of whether the discretion is expressed in the form of a standard of distribution, including, but not limited to, health, education, maintenance, and support, and whether such trustee or trust director is also a beneficiary. This Code section shall not apply to the extent of the proportion of trust property attributable to the beneficiary's contribution.    (Code 1981, §53-12-81, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2018, p. 262, § 12/HB 121; Ga. L. 2020, p. 377, § 1-78/HB 865.)    The 2020 amendment,  effective January 1, 2021, in the first sentence of this Code section, inserted "or a trust director" following "compel the trustee", substituted "discretion of the trustee or trust director" for "trustee's discretion", and inserted "or trust director" following "such trustee".   Law reviews.   - For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 219 (2018).
GA Code § 53-12-83 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 5 - Spendthrift Provisions and Creditors' Rights and Claims|§ 53-12-83. Creditors' Claims Against Property That Is Subject to Withdrawal Right

 The holder of a power of withdrawal, during the period that the power may be exercised, shall be treated in the same manner as the settlor of a revocable trust to the extent of the property subject to the power. The lapse, release, or waiver of a power of withdrawal shall not cause the holder to be treated as a settlor of the trust.    (Code 1981, §53-12-83, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)
GA Code § 53-12-130 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 7 - Implied Trusts|§ 53-12-130. Resulting Trusts

 A resulting trust is a trust implied for the benefit of the settlor or the settlor's successors in interest when it is determined that the settlor did not intend that the holder of the legal title to the trust property also should have the beneficial interest in the property under any of the following circumstances:    A trust is created but fails, in whole or in part, for any reason;   A trust is fully performed without exhausting all the trust property; or   A purchase money resulting trust as defined in subsection (a) of Code Section 53-12-131 is established.     (Code 1981, §53-12-130, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 76 Am. Jur. 2d, Trusts, § 135 et seq.   Am. Jur. Pleading and Practice Forms, Trusts, §§ 40 to 56.   Proof of Grantor's Intent that Grantee Hold Property in Trust, 74 POF3d 353.
GA Code § 53-12-131 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 7 - Implied Trusts|§ 53-12-131. Purchase Money Resulting Trusts

  A purchase money resulting trust is a resulting trust implied for the benefit of the person paying consideration for the transfer to another person of legal title to real or personal property.   Except as provided in subsection (c) of this Code section, the payment of consideration as provided in subsection (a) of this Code section shall create a presumption in favor of a resulting trust, but such presumption shall be rebuttable by a preponderance of the evidence.   If the payor of consideration and transferee of the property as provided in subsection (a) of this Code section are husband and wife, parent and child, or siblings, a gift shall be presumed, but such presumption shall be rebuttable by clear and convincing evidence.     (Code 1981, §53-12-131, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)   Law reviews.   - For article, "Are We Witnessing the Erosion of Georgia's Separate Property Distinction?," see 13 Ga. St. B.J. 14 (2007). For note, "The Significance of Stokes v. Stokes: An Examination of Property Rights Upon Divorce in Georgia," see 16 Ga. L. Rev. 695 (1982). For comment on Ashbaugh v. Ashbaugh, 222 Ga. 811, 152 S.E.2d 888 (1966), see 18 Mercer L. Rev. 513 (1967). For comment, "The Georgia Supreme Court's Creation of an Equitable Interest in Marital Property - Yours? Mine? Ours!," see 34 Mercer L. Rev. 449 (1982).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Presumption of Gift   Rebuttal of Presumption    RESEARCH REFERENCES   Am. Jur. 2d.   - 76 Am. Jur. 2d, Trusts, § 135 et seq.   Am. Jur. Pleading and Practice Forms, Trusts, §§ 40 to 56.   Purchase-Money Resulting Trust, 29 POF2d 455.   Proof of Grantor's Intent that Grantee Hold Property in Trust, 74 POF3d 353.   Circumstances Establishing Purchase-Money Resulting Trust, 85 POF3d 225.   ALR.    - Presumption of gift, advancement, or settlement where husband takes title from third person to property paid for by or with funds of wife, 113 A.L.R. 339.    Provision for relief or education of member of family or relatives as creating charitable trust, 131 A.L.R. 1277.   Unexplained gratuitous transfer of property from one relative to another as raising presumption of gift, 94 A.L.R.3d 608.
GA Code § 53-12-150 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 8 - Creation by Deed to Acquire Beneficial Interest|§ 53-12-150. Definitions

 As used in this article, the term:    "Deed" means and includes any written agreement, declaration of trust, or other instrument which creates a trust estate in the trustee named therein and sets forth the terms and conditions of the trust and which indicates an intention, either expressly or by implication, that the trust estate created therein should be subject to this chapter, but such term shall not include a warranty deed, quitclaim deed, bill of sale, or other instrument that conveys title to property to a trustee merely by virtue of such fact alone.   "Property" includes improved or unimproved property, real or personal, leaseholds, mortgages, notes, other obligations secured by property or any interest therein, or other interests in such property.     (Code 1981, §53-12-150, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 76 Am. Jur. 2d, Trusts, §§ 28, 29 et seq., 34, 35.   C.J.S.   - 26A C.J.S., Deeds, § 1 et seq.
GA Code § 53-12-151 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 8 - Creation by Deed to Acquire Beneficial Interest|§ 53-12-151. Deeds to Interests in Property

 The owners of property located in this state or persons desiring to acquire beneficial ownership of such property may create by deed an estate therein and in the improvements made thereon and in the property to be acquired, for the benefit of themselves and such other persons, whether sui juris or not, who may contribute to the improvement or development or acquisition of the property and their assigns or transferees, provided that the deed creating the estate shall provide for the improvement or development of the property covered thereby or for the acquisition of the property and the trustee therein named, and his or her successor shall have some active duty to perform in and about the trust property or the management or control of the same. The deed creating the estate shall be recorded as provided in Code Section 53-12-152. When such an estate is created, the legal title to the property and all the property added thereto or substituted therefor shall vest and remain in the trustee named and his or her successor, in accordance with the terms of the deed, with all the powers conferred thereby upon the trustee, and shall not during the continuance of the estate pass to or vest in the beneficiaries. At the end of 25 years from the date of the deed creating the estate, the title to such of the property as may then belong to the estate shall vest in the beneficiaries; and, if the deed creating the estate so provides, a renewal of the estate may be made at the end of the 25 years, upon the terms and conditions and in the manner therein set forth, for a like period; provided, however, that in the alternative to the period of 25 years and the renewal thereof, if the deed so provides, the estate may be created for any period of time specified therein which does not extend beyond any number of lives in being and 21 years thereafter.    (Code 1981, §53-12-151, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 76 Am. Jur. 2d, Trusts, §§ 60, 61.   C.J.S.   - 26A C.J.S., Deeds, §§ 25, 26.
GA Code § 53-12-152 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 8 - Creation by Deed to Acquire Beneficial Interest|§ 53-12-152. Filing of Deeds and Amendments Thereto; Filing of Copies With Secretary of State

  The deed creating a trust estate as provided in Code Section 53-12-151 shall, within 30 days of the execution thereof, be filed by the trustee in the office of the clerk of the superior court of the county in which the principal office of the trust is located. The trustee shall concurrently pay to the clerk the fee prescribed in Code Section 15-6-77. Upon the deed being filed with the clerk and the fees being paid, the clerk shall deliver to the trustee or his or her attorney two certified copies of the deed, the filing of the clerk thereon, and a receipt for the costs which have been paid to the clerk.   Upon receiving the two certified copies of the deed, the trustee or his or her attorney shall present the same to the Secretary of State and shall pay $5.00 to the Secretary of State. The Secretary of State shall thereupon attach to one of the certified copies of the deed a certificate in substantially the following form:  STATE OF GEORGIA    The certified copy of the deed, together with the certificate of the Secretary of State thereon, shall be received as evidence in any court or proceeding as evidence of the existence of the trust and of its nature, terms, and conditions.   The Secretary of State, at any time, upon the request of any person, shall make and certify additional copies of the deed, filing of the clerk, and certificate of the Secretary of State, upon payment to him or her of a fee of $1.00, plus 10› per 100 words for copying, and the additional certified copies shall be likewise admitted in evidence with like force and effect.   Any amendment of a deed shall be filed with the clerk of the superior court and the Secretary of State in the same manner and under the same conditions required in the filing of the original deed, and the fees payable upon the filing shall be computed as if the filing were of an original deed.    OFFICE OF THE SECRETARY OF STATE   This is to certify that a copy of the attached certified copy of a deed, declaration, or agreement of trust dated ____________, by and between ____________ as settlor(s) and ____________ as trustee(s), which states that the trustee(s) may use the name of ____________, has been duly filed in the office of the Secretary of State and the fees paid therefor, as provided by law. WITNESS my hand and official seal this ______ day of ______________, ______. ______________ Secretary of State    (Code 1981, §53-12-152, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)   RESEARCH REFERENCES   C.J.S.   - 26A C.J.S., Deeds, § 155.
GA Code § 53-12-153 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 8 - Creation by Deed to Acquire Beneficial Interest|§ 53-12-153. Name of Trust

 If the deed creating a trust estate under Code Section 53-12-151 so provides, the trustee may conduct and transact the affairs of the trust estate under a business or trade name, which name shall be set forth in the deed. The name may include the word "trust" but shall not include the words "trust company."    (Code 1981, §53-12-153, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)   Law reviews.   - For annual survey of law on wills, trusts, guardianships, and fiduciary administration, see 62 Mercer L. Rev. 365 (2010).