Md. Code, Est. & Trusts § 15-112

Current with changes from the 2024 Legislative Session
Section 15-112 - Removal of fiduciary
(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.
(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.
(c) The provisions of this section may not apply to personal representatives.

Md. Code, ET § 15-112

Amended by 2019 Md. Laws, Ch. 197,Sec. 1, eff. 10/1/2019.