[Caption. See § 3 of the Introduction in this manual.]
Application for Appointment of Successor Trustee of Management Trust
[Name of applicant], Applicant, files this Application for Appointment of Successor Trustee of Management Trust of [name of beneficiary], Beneficiary, an incapacitated person, and shows the following in support:
1.Applicant. Applicant is an individual interested in the management trust because [specify information relating to applicant’s interest in the management trust]. Applicant may be served with citation at [address, city, county] County, Texas.
2.Beneficiary. [Name of beneficiary] is [a minor/an adult] [male/female] who is [age] years old, born [date of birth]. Beneficiary currently resides at [address, city, county] County, Texas. Beneficiary has previously been served with citation.
3.Guardian. [Name of guardian] currently resides at [address, city, county] County, Texas and will be served with citation or is expected to waive service of citation with respect to this Application. On [date], [name of guardian] was appointed as the permanent guardian of the person of Beneficiary.
4.Prior Trustee. On [date], [name of trustee] was appointed trustee of a management trust. Trustee has indicated that it wishes to resign as evidenced by a statement set out in Exhibit [exhibit number/letter].
5.Proposed Successor Trustee. [Name of proposed successor trustee], Proposed Successor Trustee, has its offices at [address, city, county] County, Texas, and is a corporate fiduciary having trust powers in Texas. Proposed Successor Trustee desires to be appointed as the trustee of the existing management trust of Beneficiary as evidenced by a statement set out in Exhibit [exhibit number/letter], and Proposed Successor Trustee is eligible to act as a trustee for the trust.
6.Venue. This Court has venue over these proceedings because the original management trust was filed and created in this Court.
7.Need for Immediate Appointment of Trustee and Continuation of Trust. Beneficiary is a [minor/person who is incapacitated to care for and to 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 needs of 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].
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If the beneficiary is a minor, the applicant should request that the trust continue until the beneficiary reaches a specified age, between 18 and 25, in accordance with the terms of the original trust agreement approved by the court. |
8.Term of Trust. The requested term of this trust is [for such time as Beneficiary’s physical or medical condition necessitates the continued need for the management of Beneficiary’s estate/until Beneficiary turns [age]].
Applicant prays that [name of proposed successor trustee] be appointed successor trustee of the management trust of [name of beneficiary], an incapacitated person, and for all further relief to which Applicant may be entitled.
Respectfully submitted,
[Name]
Attorney for Applicant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
Certificate of Service
I certify that a true copy of this [title of document] was served in accordance with rule 21a of the Texas Rules of Civil Procedure.
SIGNED on ________________________________.
[Name of attorney]