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§ 15-112. Grounds and procedure for removal

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2019

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 15. Fiduciaries (Refs & Annos)
Subtitle 1. General Provisions (Refs & Annos)
Effective: October 1, 2019
MD Code, Estates and Trusts, § 15-112
§ 15-112. Grounds and procedure for removal
Currentness
Grounds
(a)(1) A court shall remove a fiduciary who has:
(i) Willfully misrepresented material facts leading to the appointment of the fiduciary or to other action by the court in reference to the fiduciary estate;
(ii) Willfully disregarded an order of court;
(iii) Shown to be incapable, with or without fault to properly perform the duties of the office of fiduciary; or
(iv) Breached the fiduciary duty of good faith or loyalty in the management of property of the fiduciary estate.
(2) A court may remove a fiduciary who has:
(i) Negligently failed to file a bond within the time required by rule or order of court;
(ii) Negligently failed to obey an order of court; or
(iii) Failed to perform any fiduciary duty, or to competently administer the fiduciary estate.
Procedures
(b) Procedures for the removal of a fiduciary shall be conducted by the court in accordance with the provisions of the Maryland Rules applying to a fiduciary.
Section not applicable to personal representatives
(c) The provisions of this section may not apply to personal representatives.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1992, c. 22, § 1; Acts 2005, c. 25, § 1, eff. April 12, 2005; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93A, § 220.
MD Code, Estates and Trusts, § 15-112, MD EST & TRST § 15-112
Current through legislation effective through July 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document