Md. Code Ann., Est. & Trusts § 15-112
Redline — January 1, 2019 → current.View current text →
Current — January 1, 2020
As of January 1, 2019
(a) (1) A court shall remove a fiduciary who has: (i) Willfully misrepresented material facts leading to his appointment or to other action by the court in reference to the fiduciary estate; (ii) Willfully disregarded an order of court; (iii) Shown himself incapable, with or without fault to properly perform the duties of his office; or (iv) Breached his 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 of his duties as fiduciary, or to competently administer the fiduciary estate.
(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.
(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 shall not apply to personal representatives.
(c) The provisions of this section may not apply to personal representatives.
Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.