Petition For Formal Removal Of Personal Representative {MPC 265}

PETITION FOR FORMAL REMOVAL OF PERSONAL REPRESENTATIVE PURSUANT TO G.L.c. 190B, § 3-611 Estate of: First Name Middle Name Docket No. Commonwealth of Massachusetts The Trial Court Probate and Family Court Division Last Name Date of Death: Petitioner(s) (hereafter "Petitioner") make the following statements: 1. Information about the Petitioner: Name: First Name M.I. Last Name (Address) (Apt, Unit, No. etc.) (Address) (Apt, Unit, No. etc.) (City/Town) (City/Town) (State) (State) (Zip) (Zip) Mailing Address, if different: Primary Phone #: Interest of the Petitioner (e.g., surviving spouse, heir, devisee, etc.-See G.L. c. 190B § 1-201(24)): 2. The previously appointed Personal Representative(s) Name: First Name M.I. Last Name (Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) was/were appointed on (date) and should be removed for the following cause(s): The Personal Representative(s) intentionally misrepresented material facts; disregarded an Order of the Court; has/have become incapable of discharging the duties of office; mismanaged the estate; failed to perform a duty pertaining to the office; other: OR 4. The person who sought appointment of the current Personal Representative(s) intentionally misrepresented material facts. page 1 of 2 MPC 265 (3/31/12) American LegalNet, Inc. www.FormsWorkFlow.com OR 5. The Petitioner is the Personal Representative appointed in the Decedent's domicile and seeks to be appointed, or to have his or her nominee appointed as ancillary Personal Representative in the Commonwealth, and requests that the Personal Representative appointed in this Commonwealth to administer local assets be removed. 6. State briefly the facts supporting removal: The Petitioner requests that the Court remove the above-named Personal Representative(s). The Petitioner further requests that: any Co-Personal Representative(s) remain in office; a successor Personal Representative be appointed as requested in the separate Petition for Appointment of Successor Personal Representative which is on file with this Court. other: 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. Date: Signature of Petitioner Date: Signature of Co-Petitioner (if applicable) Information on Attorney for Petitioner Signature of Attorney (Print name) (Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) Primary Phone #: B.B.O. # Email: MPC 265 (3/31/12) page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com