Some trusts name more than one trustee on purpose to create a check on power, to include multiple family members, or to balance competing interests. The idea makes sense in theory. In practice, it can unravel fast.

When co-trustees stop communicating, block distributions, or dig into opposing positions, the trust stalls. Beneficiaries suffer. And the question becomes: What can be done?

Co-Trustee Duties and the Deadlock Problem

Georgia law generally requires co-trustees to act unanimously. O.C.G.A. § 53-12-204 governs co-trustee conduct under the Revised Georgia Trust Code, and the Restatement (Second) of Trusts confirms that trustees must act together unless the trust instrument says otherwise. That requirement exists to protect beneficiaries, but it also creates a vulnerability.

One co-trustee who refuses to sign off can shut down the entire trust operation. Distributions don’t go out, assets sit unmanaged, and tax filings get delayed.

Obstruction isn’t just a personal grievance; it can cross into legal territory. Under O.C.G.A. § 53-12-300, trustees owe a duty to beneficiaries, and conduct that harms the trust’s administration can give rise to a breach of fiduciary duty claim.

Reasons for Removal Under Georgia Law

O.C.G.A. § 53-12-221 gives Georgia courts authority to remove a trustee when removal serves the interests of the beneficiaries. Serious breach of trust is one recognized ground. So is conduct that makes it “substantially impractical” for the trustee to cooperate with co-trustees. Courts can also act when a trustee’s behavior threatens the trust property or undermines its administration more broadly.

Filing a petition doesn’t mean waiting months for a resolution. Under § 53-12-221(b), a co-trustee, beneficiary, or other interested person can ask the court to order the resistant trustee to hand over trust property to a co-trustee, receiver, or temporary trustee and suspend that trustee’s powers while the case moves forward.

Before going to court, it’s worth reviewing the trust document itself. Some instruments include their own removal procedures or grant a trust protector authority to resolve disputes between co-trustees.

Contact The Williams Litigation Group to Discuss Your Situation

A co-trustee who won’t act is a real legal problem, not just a family conflict. We handle trust disputes and fiduciary litigation throughout Georgia and can help you understand what options apply to your situation.

Call us at 1-866-214-7036 or reach out through our contact form to set up a consultation with The Williams Litigation Group.