reglab/housing_qa huggingface dataset:
GA Code § 53-9-14 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 9 - Missing Persons and Persons Believed to Be Dead|Article 2 - Conservators|§ 53-9-14. Report of Conservator; Court Order

 The conservator shall within 60 days after appointment make a written report to the probate court setting forth the condition of the estate of the missing individual, together with a schedule of any debts that may be owed by the missing person, an estimate of the income from the estate and the expenses necessary to its preservation, a statement showing the names, ages, and condition of any individuals who may have been dependent on the missing person for support, and a recommendation as to how the estate should be distributed. The court, after considering the report and making any further investigation the court may deem necessary, shall make such order as will most effectively tend to provide for the support of any individuals who may have been dependent upon the missing individual for support and for the handling of the property, including any business or business interest, owned by the missing person. The order may provide for the payment of those debts of the missing person as the court deems just and proper. An order of an appropriate court may allow the conservator to engage in such estate planning dispositions of the missing person's property as are authorized by Code Sections 29-3-36 and 29-5-36. The order may be modified in the discretion of the court at any time upon petition by the conservator, any individual dependent upon the missing individual for support, the guardian of any such individual, or any person having an interest in the property or in any business of the missing individual.    (Code 1981, §53-9-14, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 43; Ga. L. 2004, p. 161, § 13.)   Editor's notes.   - Ga. L. 2004, p. 161, § 16, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2005, and all appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act."
GA Code § 53-9-15 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 9 - Missing Persons and Persons Believed to Be Dead|Article 2 - Conservators|§ 53-9-15. Termination of Conservatorship

 A missing person for whose estate a conservator has been appointed may at any time petition the probate court that has jurisdiction over the conservator for an order terminating the conservatorship. Upon a finding by the court that the petitioner is in fact the missing individual, the court shall enter an order terminating the conservatorship and directing the conservator to make a final return to the court and to pay over and deliver all funds and property in the conservator's hands to the missing individual.    (Code 1981, §53-9-15, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 1 Am. Jur. 2d, Absentees, §§ 3, 5, 18, 19. 31 Am. Jur. 2d, Executors and Administrators, § 1043.   C.J.S.   - 1 C.J.S., Absentees, § 8 et seq.
GA Code § 53-9-16 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 9 - Missing Persons and Persons Believed to Be Dead|Article 2 - Conservators|§ 53-9-16. Final Return; Delivery of Funds or Property to Personal Representative

 If the missing individual is declared legally dead and the missing individual's will is probated or administration is had upon the individual's estate, the conservator shall, within 60 days after demand by the personal representative of the missing individual's estate, make a final return to the probate court which has jurisdiction over the conservator and pay over and deliver all of the funds or property in the conservator's hands to such personal representative.    (Code 1981, §53-9-16, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, § 1043.   C.J.S.   - 1 C.J.S., Absentees, § 8 et seq.
GA Code § 53-9-20 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 9 - Missing Persons and Persons Believed to Be Dead|Article 3 - Nondomiciliaries|§ 53-9-20. Presumption or Proof of Death

 If an individual who is domiciled outside this state and possessed of any interest in or claim to or against real or personal property or cause of action located in this state shall have been absent for a period of time under circumstances whereby, pursuant to the law of the place in which the individual is domiciled, the individual is presumed to be dead, and a court of competent jurisdiction in the place of domicile has entered a final order or decree that the individual is presumed to be dead, the provisions of this title shall apply in every respect as if the individual in fact had died. If the individual shall have been absent for a period of not less than four years and shall not have been declared dead in the domiciliary jurisdiction, the individual may be declared dead in this state pursuant to the provisions of Article 1 of this chapter, as if a domiciliary of this state, for purposes of the property interests or claims or causes of action located in this state.    (Code 1981, §53-9-20, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-9-21 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 9 - Missing Persons and Persons Believed to Be Dead|Article 3 - Nondomiciliaries|§ 53-9-21. Appointment of Conservator

 If an individual domiciled outside this state is possessed of any interest in or claim to or against any real or personal property or cause of action located in this state and would, if a domiciliary, be deemed to be missing in accordance with the provisions of Code Section 53-9-10 or if a conservator or any person serving in a similar capacity shall have been authorized to handle the property of the individual in the jurisdiction in which the individual is domiciled, the probate court may appoint a conservator of all of the interests or claims or causes of action located in this state and give direction as to the conservation of the property and its use in the interest of the missing individual or that individual's dependents, obligees, or successors in interest. The court shall mold such order in aid of any similar orders from the jurisdiction in which the individual is domiciled, may appoint the domiciliary conservator as the conservator in this state, and may authorize delivery of property to the domiciliary conservator. Except as the court may otherwise direct, the proceedings shall conform to the provisions of Article 2 of this chapter.    (Code 1981, §53-9-21, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-12-1 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 1 - General Provisions|§ 53-12-1. Short Title; Effect on Existing Trusts

  This chapter shall be known and may be cited as "The Revised Georgia Trust Code of 2010."   Except to the extent it would impair vested rights and except as otherwise provided by law, the provisions contained in this chapter shall apply to any trust regardless of the date such trust was created.     (Code 1981, §53-12-1, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2010, "This chapter" was substituted for "This Act" at the beginning of subsection (a).   Law reviews.   - For article, "'Rarely Utilized': The Georgia Business Trust Code," see 14 Ga. St. B.J. 12 (2008). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 65 Mercer L. Rev. 295 (2013). For article, "Self-Settled Asset Protection Trusts in Georgia," see 23 Ga. St. B. J. 17 (Feb. 2018).   JUDICIAL DECISIONS   Retroactive application prohibited.    - Rights of the decedent's surviving spouse were already vested when the Revised Georgia Trust Code of 2010 (Revised Code), O.C.G.A. § 53-12-1 et seq., was enacted because under the terms of the amended trust agreement, the surviving spouse's rights to the trust assets took effect upon the decedent's death before the Revised Code took effect. Accordingly, any new obligation imposed by the Revised Code that would have impaired the surviving spouse's right to possession could not be applied retroactively. Rose v. Waldrip, 316 Ga. App. 812, 730 S.E.2d 529 (2012), cert. denied, No. S12C1888, 2012 Ga. LEXIS 981 (Ga. 2012).   Retroactive applicability of statute of limitations.    - Revised Georgia Trust Code's provisions apply to any trust irrespective of the date the trust was created, with two exceptions: to the extent it would impair vested rights, and except as otherwise provided by law. There is no vested right in a statute of limitation, and to the extent that Mayfield v. Heiman, 317 Ga. App. 322, (2012), suggests that O.C.G.A. § 53-12-307(a) does not apply retroactively, that suggestion is non-binding dicta. Smith v. SunTrust Bank, 325 Ga. App. 531, 754 S.E.2d 117 (2014).   Jury instruction on standard of care.    - In a breach of trust action, the trial court did not apply an incorrect standard of care in that a co-trustee could only be held liable if the co-trustee failed to act in good faith because if there was any error, the error was created by the co-trustee since the co-trustee consented to the instructions given and failed to request a charge that clearly set forth what the co-trustee asserted to be the proper standard for acts performed with absolute discretion. Reliance Trust Co. v. Candler, 294 Ga. 15, 751 S.E.2d 47 (2013).
GA Code § 53-12-3 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 1 - General Provisions|§ 53-12-3. Survival of Common Law and Equity

 Except to the extent that the principles of common law and equity governing trusts are modified by this chapter or another provision of law, those principles remain the law of this state.    (Code 1981, §53-12-3, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)
GA Code § 53-12-4 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 1 - General Provisions|§ 53-12-4. Law Governing the Validity of the Trust

  As to real property, the validity of a trust shall be determined by the law of the situs of the real property.   As to all other property, the validity of a trust shall be determined by:   The law of the jurisdiction designated in the trust instrument unless the effect of the designation is contrary to the public policy of the jurisdiction having the most significant relationship to the matter at issue; or   In the absence of an effective designation in the trust instrument, the law of the jurisdiction having the most significant relationship to the matter at issue.       (Code 1981, §53-12-4, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)
GA Code § 53-12-5 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 1 - General Provisions|§ 53-12-5. Law Governing the Meaning and Effect of Trust Provisions

 The meaning and effect of the trust provisions shall be determined by:    The law of the jurisdiction designated in the trust instrument unless the effect of the designation is contrary to the public policy of the jurisdiction having the most significant relationship to the matter at issue; or   In the absence of an effective designation in the trust instrument, the law of the jurisdiction having the most significant relationship to the matter at issue.     (Code 1981, §53-12-5, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 752, § 53/HB 142.)   Law reviews.   - For annual survey on wills, trusts, guardianships, and fiduciary administration, see 66 Mercer L. Rev. 231 (2014).
GA Code § 53-12-6 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 1 - General Provisions|§ 53-12-6. Jurisdiction

  Trusts are peculiarly subjects of equity jurisdiction. Suits by or against a trustee that sound at law may be filed in a court of law.   Actions concerning the construction or administration of a trust or for a court to take any actions authorized by the provisions of this chapter shall be maintained in superior court, except as otherwise provided in Code Section 15-9-127.   Any action by or against the trustee or to which the trustee is a party may be maintained in any court having jurisdiction over the parties and the subject matter, except as otherwise provided in subsection (b) of this Code section or in Code Section 15-9-127.     (Code 1981, §53-12-6, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2020, p. 377, § 1-70/HB 865.)    The 2020 amendment,  effective January 1, 2021, substituted "that sound" for "which sound" in subsection (a); in subsection (b), substituted "construction or administration of a trust or for a court to take any actions authorized by the provisions of this chapter" for "construction, administration, or internal affairs of a trust" and inserted a comma after "superior court"; and, in subsection (c), inserted a comma after "subject matter", inserted "otherwise", and added "or in Code Section 15-9-127" at the end.   Law reviews.   - For note, "Trusts: Creditors' Claims Against Beneficiaries of Spendthrift and Support Trusts," see 3 Ga. St. B.J. 356 (1967).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Statute of Limitations    RESEARCH REFERENCES   Am. Jur. 2d.   - 76 Am. Jur. 2d, Trusts, § 267.   C.J.S.   - 90 C.J.S., Trusts, § 203.   ALR.    - Power of probate court to require attorney to return to estate or trust overpayment on account of fees or services, 70 A.L.R. 478.    Conflict of laws as to administration of testamentary trusts, and proper forum for judicial proceedings relating thereto, 115 A.L.R. 802.    Purchase by executor, administrator, or trustee of claims against estate or trust, 128 A.L.R. 917.    Doctrine of constructive trust or unjust enrichment as applicable between owner and one who fraudulently procures tax certificates, 175 A.L.R. 700.   Jurisdiction of suit involving trust as affected by location of res, residence of parties to trust, service, and appearance, 15 A.L.R.2d 610.   Power of court to extend term of trust, 46 A.L.R.2d 907.   Power of court to authorize modification of trust instrument because of changes in tax law, 57 A.L.R.3d 1044.
GA Code § 53-12-7 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 1 - General Provisions|§ 53-12-7. When Trust and Chapter Conflict

  The effect of the provisions of this chapter may be varied by the trust instrument except:   As to any requirements relating to the creation and validity of express trusts as provided in Article 2 of this chapter;   As to the effect of the rules relating to spendthrift trusts as provided in Article 5 of this chapter;   As to the power of the beneficiaries to modify a trustee's compensation as provided in Code Section 53-12-210;   As to the duty of a trustee to administer the trust and to exercise discretionary powers in good faith as provided in Code Sections 53-12-240 and 53-12-260;   As to the effect of a provision relieving a trustee from liability as provided in Code Section 53-12-303;   As to the periods of limitation on actions as provided in Code Sections 53-12-45 and 53-12-307; and   As to the effect of the rules relating to trust directors as provided in Article 18 of this chapter.     Nothing in a trust instrument shall prohibit or limit a court from taking any actions authorized by the provisions of this chapter.     (Code 1981, §53-12-7, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 551, § 7/SB 134; Ga. L. 2020, p. 377, § 1-71/HB 865.)    The 2020 amendment,  effective January 1, 2021, in subsection (a), deleted "and" at the end of paragraph (a)(5), added "; and" at the end of paragraph (a)(6), and added paragraph (a)(7).
GA Code § 53-12-20 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 2 - Creation and Validity of Express Trusts|§ 53-12-20. Express Trusts

  Except as provided in subsection (d) of this Code section, an express trust shall be created or declared in writing and signed by the settlor or an agent for the settlor acting under a power of attorney containing express authorization.   An express trust shall have, ascertainable with reasonable certainty:   An intention by a settlor to create such trust;   Trust property;   Except for charitable trusts or a trust for care of an animal, a beneficiary who is reasonably ascertainable at the time of the creation of such trust or reasonably ascertainable within the period of the rule against perpetuities;   A trustee; and   Trustee duties specified in writing or provided by law.     The requirement that a trust have a reasonably ascertainable beneficiary shall be satisfied if under the trust instrument the trustee or some other person has the power to select the beneficiaries based on a standard or in the discretion of the trustee or other person.   In the case of a trust created pursuant to 42 U.S.C. Section 1396p(d)(4)(B) by an agent acting for the settlor, the power of attorney need not contain an express authorization to create or declare a trust.     (Code 1981, §53-12-20, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 551, § 9/SB 134.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 76 Am. Jur. 2d, Trusts, § 17.   C.J.S.   - 90 C.J.S., Trusts, § 42.   ALR.    - Construction and application of provision in trust instrument relating to amendment or modification, 128 A.L.R. 1173.    Attorney as trustee for purpose of running of statute of limitations against claim for money or property received or collected by him, 151 A.L.R. 1388.
GA Code § 53-12-22 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 2 - Creation and Validity of Express Trusts|§ 53-12-22. Trust Purposes and Conditions in Terrorem

  A trust may be created for any lawful purpose.   A condition in terrorem shall be void unless there is a direction in the trust instrument as to the disposition of the property if the condition in terrorem is violated, in which event the direction in the trust instrument shall be carried out, except as otherwise provided in subsection (c) of this Code section.   A condition in terrorem shall not be enforceable against an individual for:   Bringing an action for interpretation or enforcement of a trust instrument;   Bringing an action for an accounting, for removal, or for other relief against a trustee; or   Entering into a settlement agreement.       (Code 1981, §53-12-22, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2020, p. 377, § 1-74/HB 865.)    The 2020 amendment,  effective January 1, 2021, inserted ", except as otherwise provided in subsection (c) of this Code section" in subsection (b); and added subsection (c).
GA Code § 53-12-23 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 2 - Creation and Validity of Express Trusts|§ 53-12-23. Capacity of Settlor

 A person has capacity to create an inter vivos trust to the extent that such person has legal capacity to transfer title to property inter vivos. A person has capacity to create a testamentary trust to the extent that such person has legal capacity to devise or bequeath property by will.    (Code 1981, §53-12-23, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)
GA Code § 53-12-24 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 2 - Creation and Validity of Express Trusts|§ 53-12-24. Non-Merger

 No trust shall be invalid or terminated and no merger of title to trust property shall occur merely because the trustee or trustees are the same person or persons as the beneficiary or beneficiaries of the trust.    (Code 1981, §53-12-24, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)
GA Code § 53-12-25 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 2 - Creation and Validity of Express Trusts|§ 53-12-25. Transfer of Property in Trust

  Transfer of property in trust shall require a transfer of legal title to the trustee. In any transfer of property or any interest in property, if a trust is named as a grantee, whether such trust is held under the laws of this state or of any other jurisdiction, then such transfer is deemed to have been made to the trustee of such trust as though the trustee of such trust had been named as grantee instead of the trust.   For any interest in real property to become trust property in a trust of which any transferor is a trustee, the instrument of conveyance shall additionally be recorded in the appropriate real property records.     (Code 1981, §53-12-25, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2018, p. 262, § 6/HB 121.)   Law reviews.   - For annual survey on wills, trusts, guardianships, and fiduciary administration, see 65 Mercer L. Rev. 295 (2013). For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 219 (2018).   JUDICIAL DECISIONS   Wrongful death claim did not comprise the res of a technical trust.    - Creditors' 11 U.S.C. § 523(a)(4) claim against a Chapter 13 debtor, their attorney, was dismissed because although the attorney failed to file a wrongful death complaint on the creditors' behalf and represented to the creditors that the attorney had, the creditors failed to allege a contract or other agreement establishing a technical trust. The creditors' wrongful death cause of action did not comprise the res of a technical trust because under O.C.G.A. § 53-12-25 only property subject to transfer by the settler could become the subject matter of a trust, and under O.C.G.A. § 44-12-24 the creditors' wrongful death action was non-transferable. Crisler v. Farr (In re Farr), Bankr. (Bankr. M.D. Ga. May 18, 2011).   Retroactive application of statute prohibited.    - Rights of the decedent's surviving spouse were already vested when the Revised Georgia Trust Code of 2010 (Revised Code), O.C.G.A. § 53-12-1 et seq., was enacted because under the terms of the amended trust agreement, the surviving spouse's rights to the trust assets took effect upon the decedent's death before the Revised Code took effect. Accordingly, any new obligation imposed by the Revised Code that would have impaired the surviving spouse's right to possession could not be applied retroactively, and O.C.G.A. § 53-12-25 would have had no application to the trust if it, in fact, created such a new obligation. Rose v. Waldrip, 316 Ga. App. 812, 730 S.E.2d 529 (2012), cert. denied, No. S12C1888, 2012 Ga. LEXIS 981 (Ga. 2012).    Trial court improperly found that O.C.G.A. § 53-12-25(a) applied retroactively to the conveyance of a parcel of property because retroactive application of the statute could have impermissibly affected the beneficiary's vested rights. Callaway v. Willard, 351 Ga. App. 1, 830 S.E.2d 464 (2019), cert. denied, No. S19C1589, 2020 Ga. LEXIS 165 (Ga. 2020).
GA Code § 53-12-26 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 2 - Creation and Validity of Express Trusts|§ 53-12-26. Additions to Trust Property

 Property may be added to an existing trust from any source in any manner if the addition is not prohibited by the trust instrument and the property is acceptable to the trustee.    (Code 1981, §53-12-26, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)
GA Code § 53-12-27 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 2 - Creation and Validity of Express Trusts|§ 53-12-27. Construction; Parol Evidence

 When the construction of an express trust is at issue, the court may hear parol evidence of the circumstances surrounding the settlor at the time of the execution of the trust and parol evidence to explain all ambiguities, both latent and patent.    (Code 1981, §53-12-27, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)