[Caption. See § 3 of the Introduction in this manual.]
Order Appointing Successor Trustee of Management Trust
On [date] the Court considered the application of [name of applicant] [for Leave to Resign as Trustee and for Appointment of Successor Trustee/to Appoint Successor Trustee] of the Management Trust of [name of beneficiary], Beneficiary, an incapacitated person (the “Application”). The Court has reviewed the Application and the documents filed with it and finds that an immediate need exists for the appointment of a successor trustee of the management trust established for Beneficiary. The Court finds that the allegations contained in the Application appear to be true, and that notice and citation [is not required/has been given in the manner and for the length of time required by law]. The Court makes the following findings of fact:
1.A continued necessity exists for a management trust over the estate of [name of beneficiary], an incapacitated person, that [name of proposed successor trustee] is not ineligible to serve, and that it is in Beneficiary’s best interests that [name of proposed successor trustee] be appointed as successor trustee over Beneficiary’s estate.
2.Beneficiary’s [rights/property/rights and property] will be protected by the appointment of a successor trustee.
3.The Court has venue under section 1023.001 of the Texas Estates Code, as well as subject matter jurisdiction.
IT IS THEREFORE ORDERED that [name of proposed successor trustee] is appointed as the successor trustee of the management trust for the benefit of [name of beneficiary], an incapacitated person.
IT IS FURTHER ORDERED that [name of prior trustee]’s resignation is accepted and it is ordered to file a final account of its actions as trustee not later than [date].
IT IS FURTHER ORDERED that [name of prior trustee], the former trustee, is ordered to immediately turn over to the successor trustee all assets contained in Beneficiary’s trust.
SIGNED on ________________________________.
JUDGE PRESIDING
APPROVED AS TO FORM:
[Name]
Attorney for Prior Trustee
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
[Name]
Attorney for Successor Trustee
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]