Georgia § 53-7-54 Breach of fiduciary duty

Georgia Statutes

§ 53-7-54 — Breach of fiduciary duty

(a)If a personal representative or temporary administrator commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a beneficiary of a testate estate or heir of an intestate estate shall have a cause of action:

(1)To recover damages;

(2)To compel the performance of the personal representative's or temporary administrator's duties;

(3)To enjoin the commission of a breach of fiduciary duty;

(4)To compel the redress of a breach of fiduciary duty by payment of money or otherwise;

(5)To appoint another personal representative or temporary administrator to take possession of the estate property and administer the estate;

(6)To remove the personal representative or temporary administrator; and (7) To reduce or deny compensation to the personal representative or

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(a) If a personal representative or temporary administrator commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a beneficiary of a testate estate or heir of an intestate estate shall have a cause of action: (1) To recover damages; (2) To compel the performance of the personal representative's or temporary administrator's duties; (3) To enjoin the commission of a breach of fiduciary duty; (4) To compel the redress of a breach of fiduciary duty by payment of money or otherwise; (5) To appoint another personal representative or temporary administrator to take possession of the estate property and administer the estate; (6) To remove the personal representative or temporary administrator; and (7) To reduce or deny compensation to the personal representative or temporary administrator. (b) When estate assets are misapplied and can be traced in the hands of persons affected with notice of misapplication, a constructive trust shall attach to the assets. (c) The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law. (d) In any action or proceeding brought pursuant to this Code section, service of notice or process shall be made in the manner provided by Chapter 11 of this title if Chapter 11 of this title is applicable under Code Section 53-11-1 . If Chapter 11 of this title is not applicable to such action or proceeding under Code Section 53-11-1 , such service shall be made in the manner provided by Chapter 11 of Title 9 unless Chapter 11 of such title is not applicable to such action or proceeding under Code Section 9-11-81 .

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