[Caption. See § 3 of the Introduction in this manual.]
Order Creating Restated Management Trust and Directing Trustee to File Final Account
On [date] the Court heard the Application for Termination of Original Management Trust, Discharge of Trustee of Original Management Trust, Creation of Restated Management Trust, and Appointment of Trustee of Restated Management Trust filed jointly by [name of guardian applicant] and [name of trustee applicant].
[Name of guardian applicant] is the guardian of the person of [name of ward], Ward, an incapacitated person. [Name of trustee applicant] is the serving trustee of a management trust created for Ward according to chapter 1301 of the Texas Estates Code by order of the Court dated [date].
The application requests the Court to (1) terminate the Original Management Trust, (2) discharge [name of trustee applicant] as trustee, (3) create a restated Management Trust in the stead of the Original Management Trust, and (4) appoint a new trustee of the Restated Management Trust.
The Court has considered the application and examined the terms of the Restated Management Trust filed with the application. The Court has considered the evidence presented and the arguments of counsel. There being no exceptions or objections to the application, the Court finds that it would be in the best interests of Ward to (1) terminate the Original Management Trust, (2) discharge [name of trustee applicant] as trustee, (3) create the Restated Management Trust in the stead of the Original Management Trust, and (4) appoint a new trustee of the Restated Management Trust.
IT IS THEREFORE ORDERED that the Restated Management Trust for [name of ward] is created pursuant to chapter 1301 of the Texas Estates Code and in accordance with the terms of the Restated Management Trust attached to and made a part of this order as Exhibit [exhibit number/letter].
IT IS FURTHER ORDERED that [name of successor trustee] is appointed sole trustee of the Restated Management Trust.
IT IS FURTHER ORDERED that the fee schedule of [name of successor trustee], Successor Trustee, attached to the trust agreement and presented to the Court is hereby approved for the first twelve-month period of the Restated Management Trust.
IT IS FURTHER ORDERED that [name of trustee applicant] file its final account as trustee of the Original Management Trust.
SIGNED on ________________________________.
JUDGE PRESIDING
APPROVED AS TO FORM:
[Name]
Attorney for Guardian
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
[Name]
Attorney for Trustee
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
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Attach exhibit(s). |