§ 53-12-82. Rules for Trusts; Consideration of Assets of an Inter Vivos Marital Trust Following Death
As used in this subsection, the term “creditor” means: With respect to subparagraphs (A) and (B) of paragraph (2) of this subsection, those creditors of a settlor whose claims against the property of the trust are governed by this article, including those creditors identified in subsection (d) of Code Section 53-12-80; and With respect to […]
§ 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 […]
§ 53-12-100. Short Title
This part shall be known and may be cited as the “Georgia Testamentary Additions to Trusts Act.” History. Code 1981, § 53-12-100 , enacted by Ga. L. 2010, p. 579, § 1/SB 131.
§ 53-12-101. Making of Testamentary Additions to Trusts
A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established or to be established by the testator or by the testator and some other person or by some other person, including a funded or unfunded life […]
§ 53-12-102. Limitations of Duties and Responsibilities of Trustee
The trustee of a trust established by the testator or others as provided in Code Section 53-12-101 shall not be required to inquire into or audit the actions of the executor of the testator’s estate or to make any claim against the executor unless specifically directed to do so by the settlor in the trust […]
§ 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. History. Code 1981, § 53-12-41 , enacted by Ga. L. 2010, p. 579, § 1/SB 131.
§ 53-12-103. Effect on Prior and Subsequent Wills
This part shall apply to all devises or bequests made in the will of a testator dying on or after May 31, 1968, whether the will is executed before or after such date. This part shall not invalidate a devise or bequest to a trustee made by a will executed prior to May 31, 1968, […]
§ 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. History. Code 1981, § 53-12-42 , enacted by Ga. L. 2010, p. 579, § 1/SB 131.
§ 53-12-120. Trusts as Beneficiaries
A trust under a testator’s will may be designated as the beneficiary of the testator’s qualified retirement plan, individual retirement account, other retirement plan, or life insurance policies on the life of the testator so long as the testator’s will is admitted to probate in solemn form, whether the designation occurs before or after the […]
§ 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 […]