MPC 266 (1/16/13)
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PETITION FOR:
Commonwealth of Massachusetts
The Trial Court
Probate and Family Court
Docket No.
case name
Division
Appointment of a Successor Trustee
Resignation of a Trustee
The Petitioner(s) (hereafter "Petitioner"), an interested person(s), makes the following statements:
Petitioner is:
1.
(Address)
(Apt, Unit, No. etc.)
(City/Town)
(State)
(Zip)
First Name
Last Name
M.I
Primary Phone #:
Interest of the Petitioner in the matter (e.g. Trustee, Beneficiary, etc):
Name:
Identify the Trust and Settlor (e.g. ABC Trust, Trust under written instrument by Jane Smith, under the will of Jane Smith
dated 1/1/12, etc.):
2.
(date)
Date of Trust:
Dates of Amendments, if any:
Venue for this proceeding is proper in this court because:
A copy of the trust and any amendments are attached or are on file with the Court.
Current Trustee(s) is/are
3.
the Petitioner
AND/OR
as follows:
(Address)
(Apt, Unit, No. etc.)
(City/Town)
(State)
(Zip)
Name:
First Name
Last Name
M.I
Primary Phone #:
Persons interested in this trust and their representatives (Guardian, Conservator, etc.) are:
4.
as stated in the Petition dated
(date)
OR as follows:
Name
Address
Interest
Indicate if this
person is:
Minor
Incompetent
Minor
Incompetent
Minor
Incompetent
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MPC 266 (1/16/13)
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5.
The following person(s):
(Name of Trustee)
of
(Address)
was named or appointed Trustee(s) in the above described trust; AND
should be removed as Trustee for the following reasons:
has agreed to resign as Trustee.
The Trustee has committed a serious breach of trust;
There is a lack of cooperation among co-Trustees that substantially impairs the administration of the trust;
The Trustee is unfit;
The Trustee is unwilling or persistently fails to administer the trust effectively;
The removal of the Trustee best serves the interests of the beneficiaries;
A substantial change in circumstances has occurred;
Removal is requested by all qualified beneficiaries;
Removal best serves the interests of all the beneficiaries and is not inconsistent with a material purpose of the
trust and a suitable co-Trustee or successor Trustee is available.
OR
The trust instrument does not provide for the appointment of a successor Trustee, and the Petitioner requests
6.
(Address)
(Apt, Unit, No. etc.)
(City/Town)
(State)
(Zip)
Name:
First Name
Last Name
M.I
Primary Phone #:
to be appointed by the Court.
Supporting documentation an a detailed summary of the Petitioner's basis for requesting the removal as well as any
additional relief being requested, are attached and incorporated herein by reference.
7.
Petitioner requests that the Court: (check all that apply)
Approve the Trustee's resignation.
Remove the Trustee.
Appoint a successor Trustee to serve
If applicable, the Trustee shall serve:
with sureties on the bond with the penal sum amount of $
without sureties on the bond
Petitioner also requests:
SIGNED UNDER THE PENALTIES OF PERJURY
I certify under the penalties of perjury that the foregoing statements are true to the best of my knowledge and belief.
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MPC 266 (1/16/13)
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Date:
Signature of Petitioner
(Print name)
B.B.O. #
Primary Phone #:
(Zip)
(State)
(City/Town)
(Address)
(Apt, Unit, No. etc.)
Information on Attorney for Petitioner, if any
Signature of Attorney
Email:
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