2010 Georgia Code 53-6-53 Case Law
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One Click Case Law for § 53-6-53
O.C.G.A. § 53-6-52 <-- --> O.C.G.A. §53-6-54



2010 Georgia Code

TITLE 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

CHAPTER 6 - ADMINISTRATORS AND EXECUTORS
ARTICLE 2 - APPOINTMENT AND QUALIFICATION OF ADMINISTRATORS AND EXECUTORS
PART 2 - SUBSTITUTIONS FOR ADMINISTRATORS, EXECUTORS, AND GUARDIANS ENGAGED IN WAR SERVICE
§ 53-6-53 - (Pre-1998 Probate Code) Hearing and order on petition

O.C.G.A. 53-6-53 (2010)
53-6-53. (Pre-1998 Probate Code) Hearing and order on petition


Hearing upon a petition under Code Section 53-6-51 or 53-6-52 may be had at any time. Upon the hearing, the judge of the superior court or the judge of the probate court, as the case may be, may:

(1) Order the suspension of the powers and duties of the fiduciary who is in war service for the period of the war service and until the further order of the court;

(2) Appoint a successor fiduciary to serve for the period of suspension of the powers and duties of the fiduciary, if upon suspension of his powers and duties there is no fiduciary to exercise the powers and duties of the fiduciary who is in war service;

(3) Decree that the ownership and title to the trust res shall vest in the successor fiduciary or cofiduciary, as the case may be, and that the duties, powers, and discretions, or such of the powers and discretions as are not personal to the fiduciary, may be exercised by the cofiduciary or successor fiduciary;

(4) Make such further orders in the proceeding as the court may deem advisable for the proper protection of the trust estate and authorize a reasonable compensation to the successor trustee;

(5) Reserve jurisdiction for the entry of further orders and for the reinstatement of the fiduciary; and

(6) Tax the costs against the estate or the parties as to it shall seem fair and reasonable.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com