[Caption. See § 3 of the Introduction in this manual.]
Application for Leave to Resign as Trustee and for Appointment of Successor Trustee
[Name of applicant], Applicant, trustee of the estate of [name of beneficiary], Beneficiary, an incapacitated person, files this Application for Leave to Resign as Trustee and for Appointment of Successor Trustee, and shows the following in support:
1.Request to Resign. Applicant is the duly appointed, qualified, and acting trustee of Beneficiary. Applicant desires to resign as trustee and requests that the Court appoint [name of proposed successor trustee], Proposed Successor Trustee, as successor trustee pursuant to section 1301.155 of the Texas Estates Code.
2.Appointment of Successor Trustee. Applicant believes that it is in the best interests of Beneficiary to have a successor trustee appointed. It is no longer necessary for Applicant to serve as trustee because Beneficiary’s needs can be more adequately and economically served by Proposed Successor Trustee.
3.Beneficiary. Beneficiary is [a minor/an adult] [male/female] who is [years] years old, born [date of birth]. Beneficiary currently resides at [address, city, county] County, Texas. Beneficiary has previously been served with citation.
4.Present Trustee. On [date] this Court appointed Applicant as the trustee under chapter 1301 of the Texas Estates Code for the purpose of managing Beneficiary’s trust. Applicant wishes to resign as trustee.
5.Proposed Successor Trustee. Proposed Successor Trustee has its office at [address, city, county] County, Texas, and is a corporate fiduciary.
6.Venue. This Court has venue over these proceedings because the original guardianship was filed and created in this Court and the management trust was created by and is reviewed by this Court.
7.Need for Immediate Appointment of Successor Trustee and Continuation of Trust. Beneficiary is a person who is incapacitated to care for and manage [his/her] property and financial affairs and is without a legal guardian of [his/her] estate. There exists an immediate necessity for the appointment of a successor trustee to provide for the ongoing financial needs of Benefiary and Beneficiary’s estate because [specify, e.g., there exist a considerable number of assets that need to be supervised and taxes that need to be paid].
8.Term of Trust. The terms of trust are set out in the attached Exhibit [exhibit number/letter], the original trust agreement approved by this Court on [date].
Applicant prays that [his/her] resignation be accepted and that [name of proposed successor trustee] be appointed successor trustee of [name of beneficiary], an incapacitated person, and for all further relief to which Applicant may be entitled.
Respectfully submitted,
[Name]
Trustee
[Name]
Successor Trustee
[Name]
Attorney for Applicant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
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Attach exhibit(s). |
Certificate of Service
I certify that in accordance with the Texas Rules of Civil Procedure I served a true and correct copy of [title of document, e.g., Motion for Leave to Resign as Guardian] on the parties listed below. This service was made by [method of service, e.g., certified mail, properly addressed, return receipt requested, in a postpaid envelope deposited with the United States Postal Service].
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List the name and address of each party or attorney served. |
SIGNED on ________________________________.
[Name of attorney]