Section 15-112 - Removal of fiduciary. - Maryland Statutes

§ 15-112. Removal of fiduciary.
 

(a)  Mandatory and discretionary grounds.-  

(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. 

(b)  Procedures.- 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)  Not applicable to personal representatives.- The provisions of this section shall not apply to personal representatives. 
 

[An. Code 1957, art. 93A, § 220; 1974, ch. 11, § 2; 1992, ch. 22, § 1; 2005, ch. 25, § 1.]