Petition For Resignation Removal Appointment Of Successor Trustee {MPC 266}

PETITION FOR: Resignation of a Trustee Removal of a Trustee Appointment of a Successor Trustee Docket No. Commonwealth of Massachusetts The Trial Court Probate and Family Court Division case name The Petitioner(s) (hereafter "Petitioner"), an interested person(s), makes the following statements: 1. Petitioner is: Name: First Name M.I Last Name (Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) Primary Phone #: Interest of the Petitioner in the matter (e.g. Trustee, Beneficiary, etc): 2. 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.): Date of Trust: (date) Dates of Amendments, if any: A copy of the trust and any amendments are attached or are on file with the Court. Venue for this proceeding is proper in this court because: 3. Current Trustee(s) is/are Name: the Petitioner First Name AND/OR as follows: M.I Last Name (Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) Primary Phone #: MPC 266 (1/16/13) American LegalNet, Inc. www.FormsWorkFlow.com page 1 of 3 4. Persons interested in this trust and their representatives (Guardian, Conservator, etc.) are: as stated in the Petition dated (date) OR as follows: Address Interest Indicate if this person is: Minor Incompetent Minor Incompetent Minor Incompetent Name 5. The following person(s): of (Name of Trustee) (Address) was named or appointed Trustee(s) in the above described trust; AND has agreed to resign as Trustee. OR should be removed as Trustee for the following reasons: 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. 6. The trust instrument does not provide for the appointment of a successor Trustee, and the Petitioner requests Name: First Name M.I Last Name (Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) Primary Phone #: to be appointed by the Court. 7. 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. MPC 266 (1/16/13) American LegalNet, Inc. www.FormsWorkFlow.com page 2 of 3 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: without sureties on the bond with sureties on the bond with the penal sum amount of $ 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. Date: Signature of Petitioner Date: Signature of Petitioner Information on Attorney for Petitioner, if any Signature of Attorney (Print name) (Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) Primary Phone #: B.B.O. # Email: MPC 266 (1/16/13) American LegalNet, Inc. www.FormsWorkFlow.com page 3 of 3