Md. Code, Estates and Trusts § 15-112
This is the official text of Md. Code, Estates and Trusts § 15-112, part of Maryland’s Code, Estates and Trusts — governs wills, trusts, and probate.
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§15–112.
Official statutory text
(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.
(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.
Status: in_force · Read it on the official government site
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