[Caption. See § 3 of the Introduction in this manual.]
Final Account
[Name of trustee], Trustee, of [city], Texas, trustee of the management trust created for [name of ward], Ward, an incapacitated person, according to chapter 1301 of the Texas Estates Code, by order of this Court dated [date], respectfully files its Final Account of the Original Management Trust.
1.On [date] this Court created the Restated Management Trust for Ward to replace the Original Management Trust, and there is therefore no further need for the Original Management Trust. Trustee has properly administered the Original Management Trust. Trustee respectfully presents this verified final account of its trusteeship covering the period from inception of [date] through [date].
2.No claims against Ward’s estate were presented to Trustee within the period covered by this final account, no claims have been allowed, paid, or rejected by Trustee, and none have been sued on.
3.Trustee represents that within its knowledge there are no claims due or owing Ward’s estate.
4.No changes in the property belonging to Ward’s estate, as described in the account for final settlement filed by the guardian of Ward’s estate on [date] and approved by order of the Court dated [date] other than changes in cash listed in paragraph 6. below, have come to Trustee’s knowledge.
5.No property belonging to Ward’s estate has come into Trustee’s possession that was not included in the guardian’s final account.
6.A complete account of receipts and disbursements for the period [date] through [date] and the sources and nature thereof is as follows: [specify].
Cash on hand $[amount]
Receipts
Total receipts: $[amount]
Total beginning cash and receipts: $[amount]
Disbursements
Total disbursements: $[amount]
Recapitulation
Beginning cash and receipts $[amount]
Less Disbursements <$[amount]>
Cash on hand $[amount]
7.A complete description of the property of Ward’s estate being administered as of [date] is as follows:
|
Description |
Amount |
|
|
|
|
|
|
|
Total |
|
8.During the period covered by this account, Trustee was not required to file any tax returns on behalf of Ward, and no taxes were required to be paid.
9.During the course of its administration of the Original Management Trust, Trustee disbursed trust funds for the health, education, support, or maintenance of Ward according to terms of the Original Management Trust, and ratification for these payments is respectfully requested. These disbursements were reasonable and in the best interests of Ward. A complete description of the disbursements is as follows:
|
Description |
Date Paid |
Amount |
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
|
10.The remaining assets of the Original Management Trust should be delivered to [name of successor trustee] as trustee of the Restated Management Trust.
11.Trustee hereby waives all commissions and other compensation that it might otherwise be entitled to receive from the property of the Original Management Trust.
Trustee prays that after due citation the Court hear and approve its Final Account for the period ending [date], that the Court ratify the disbursements listed in paragraph 9. in the total amount of $[amount], and for all further relief to which Trustee may be entitled.
Respectfully submitted,
[Name of trustee]
[Title]
APPROVED AS TO FORM:
[Name]
Attorney for Guardian
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
[Name of affiant] appeared in person before me today and stated under oath: “I am the representative of Trustee in the foregoing final account and exhibits. I have personal knowledge of the facts stated in it, and they are true, complete, and correct.”
[Name of affiant]
SIGNED under oath before me on ______________________________.
Notary Public, State of Texas