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Code · Maryland · Estates and Trusts

§ 15-112

171 words·~1 min read·/md/estates-and-trusts/15-112

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§15–112.
(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.
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