petition to modify bond probate and family...

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Docket No. Commonwealth of Massachusetts The Trial Court PETITION TO MODIFY BOND Probate and Family Court Division 0 Estate of: D Conservatorship of: 0 Trust: Petitioner(s) (hereafter "Petitioner"), an interested person, makes the following statements: 1. Information about the Petitioner: Name: First Name M.I. Last Name Street Address: ress (Apt, Urnt, No. etc.) ress (Apt, Ornt, No. etc.) (City/Town) (State) Interest of the Petitioner in the estate (e.g., Personal Representative named in will, surviving spouse, heir, devisee, Trustee, surety on the bond, etc.): 2. The assets of the personal estate subject to bonding requirements have a value of approximately $ ------- 3. The Petitioner O OR the following: Name: First Name M.I. Last Name was/were appointed on · as ate 4. A bond D without sureties 0 with 0 personal D corporate sureties in the amount of $ ______ is now in effect. 5. Petitioner states that the current bond is not appropriate for the following reasons: Petitioner requests that the Court: D Modify the amount of the bond to$ with sufficient surety. --------- 0 Release or discharge the current surety or sureties. 0 Permit the substitution of another bond as follows: 0 without sureties D with D personal D corporate sureties in the amount of$ D Determine the amount of the bond and if sureties are required. MPC 295 (1/16/13) MDBND page of

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Page 1: PETITION TO MODIFY BOND Probate and Family Courttrustsandestates.bbablogs.org/wp-content/uploads/... · petition in a formal proceeding must indicate that the action was taken by

Docket No. Commonwealth of Massachusetts The Trial Court

PETITION TO MODIFY BOND Probate and Family Court

Division

0 Estate of: D Conservatorship of: 0 Trust:

Petitioner(s) (hereafter "Petitioner"), an interested person, makes the following statements:

1. Information about the Petitioner:

Name: First Name M.I. Last Name

Street Address: ress (Apt, Urnt, No. etc.)

ress (Apt, Ornt, No. etc.)

(City/Town) (State)

Interest of the Petitioner in the estate (e.g., Personal Representative named in will, surviving spouse, heir, devisee,

Trustee, surety on the bond, etc.):

2. The assets of the personal estate subject to bonding requirements have a value of approximately $ -------

3. The Petitioner O OR the following:

Name: First Name M.I. Last Name

was/were appointed on · as ate

4. A bond D without sureties

0 with 0 personal D corporate sureties in the amount of $ ______ is now in effect.

5. Petitioner states that the current bond is not appropriate for the following reasons:

Petitioner requests that the Court:

D Modify the amount of the bond to$ with sufficient surety. ---------0 Release or discharge the current surety or sureties.

0 Permit the substitution of another bond as follows:

0 without sureties

D with D personal D corporate sureties in the amount of$

D Determine the amount of the bond and if sureties are required.

MPC 295 (1/16/13) MDBND page of

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SIGNED UNDER THE PENAL TIES OF PERJURY I certify under the penalties of perjury that the foregoing statements are true to the best of my knowledge and belief.

Date: Signature of Petitioner

any

Signature of Attorney

nntname

(Address) (Apt, Unit, No. etc.)

(C1fy/Town) (State) (Zip)

Primary Phone #:

B.B.0.# ~~~~~~~~~~~~~~~~~~~~

Email:

MPC 295 (1/16/13) MDBND page

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I

Docket No. Commonwealth of Massachusetts

TRUST ACCOUNT The Trial Court Probate and Family Court

Division case name

Under the Will dated: 1oa1e1

Under Declaration of Trust dated: (oate)

Trustee Information:

Name: First Name Last Name

Address (Apt, Ornt, No. etc.)

for the benefit of

(City/Town) (State) (Zip)

under trust section -~~~~~~~~

This is the (1st, 2nd, etc.) -------

FOR THE REPORTING PERIOD FROM

D ANNUAL

0 FINAL ACCOUNT

D AMENDED

(MM/DDNYYY)

If Final Account, indicate why: 0 Appointment terminated 0 Trust terminated

TO (MM/DDIYYYY)

0 Judicial Order

Summarize the financial activity below after completing the detailed accounting information in Schedules A, 8, C, D, E and F. Attach additional sheets for each applicable schedule.

Notice to Interested Persons. Interested persons have the responsibility to protect their own rights and interests within the time and in the manner provided by the Massachusetts Uniform Probate Code, including the appropriateness of disbursements, the compensation of fiduciaries, attorneys, and others, and the distribution of estate assets. The Court will not review or adjudicate these or other matters unless specifically requested to do so by an interested person or the Fiduciary.

SUMMARY OF SCHEDULES

TOTAL

SCHEDULE A - Principal amounts received: 1$ I SCHEDULE 8 - Principal payments and charges: 1$ I SCHEDULE C - Principal balance invested: 1$ I SCHEDULE D - Income received: 1$ I SCHEDULE E - Payments from income: I I SCHEDULE F - Income balance: I I

/If) MPC 859 (3/19/12) ACC page of .. _,,,,/

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I state under penalty of perjury that this is a true and complete report of the administration of this trust, during the period shown, both dates inclusive, to the best of my knowledge, information and belief. I understand that this Account is subject to audit and verification.

I understand that I am required to maintain supporting documentation for all receipts and disbursements including detailed billing statements from any professional. The Court or any Interested Persons may request copies at any time.

Date

Date

Attorney for Trustee:

MPC 859 (3/19/12) ACC

Signature of Trustee

Signature of Attorney

Pnnt Name

(Address)

(C1fyl I own)

Primary Phone#:

BBO No.:

(State)

(Apt, Ornt, No. etc.)

(Zip)

~~~~~~~~~~~~~~~~~~~~-

Em a i I:

page of

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l f

I

Rule 70 PROBATE AND FAMILY COURT RULES 312

Rule 70. MUPC Magistrates; Scope of Delegable Duties; Effect of Decree and Orders Entered in Formal Proceedings

This rule shall govern the designation and duties of magistrates pursuant to the provisions of G.L.C. 190B.

a) Magistrates' Designation. The first justice of each division of the Probate and Family Court may, with the approval of the Chief Justice of the Probate and Family Court, designate one or more qualified officials of the court to act as magistrate pursuant to G. L c. 190B, § 1-307, by a written order filed and recorded in the registry of the court.

A register of the Probate and Family Court shall be designated as magistrate pursuant to G. L c. 190B, § 1-307, by the first justice of the division in which he or she serves, upon his or her written request to the first justice, and with the approval of the Chief Justice of the Probate and Family Court.

A first assistant register, assistant register or deputy assistant register, may be designated as magistrate, pursuant to G. L c. 190B, § 1-307, by the first justice of the division in which he or she serves, subject to specific authorization by the register, and with the approval of the Chief Justice of the Probate and Family Court.

An official designated as magistrate by the first justice may not delegate the power, responsibilities or duties without the prior approval of the first justice.

b) Magistrates' Removal. An individual designated as magistrate pursuant to section (a) may be removed from that office by the first justice of the division, with the approval of the Chief Justice of the Probate and Family Court, by a written order revoking the order of designation filed and recorded in the registry of the

. court.

c) Scope of Delegable Duties. A magistrate desig­nated pursuant to section (a) may perform the acts and issue orders as specified in G. L. c. 190B, including, but not limited to, informal proceedings and the following administrative duties, all as exercised under the super­vision of the first justice of the division where he or she serves, unless otherwise ordered by the court:

1. To approve any bond of a personal representa­tive in an informal proceeding;

2. To approve the bond of a guardian or conserva­tor;

3. To admit a valid and unrevoked will to formal probate under § 3-409 and determine heirs, if uncon­tested or assented to in writing, or if there is no objection to such admission or determination by any interested person;

4. To appoint a personal representative with priori­ty for appointment in an unsupervised administration, determine ~eirs and approve any bond of the personal representative m a formal proceeding, if uncontested

or assented to in writing, or if there is no objection to such appointment by any interested person;

5. To enter orders and decrees on accounts, includ­ing a decree and order for complete settlement of the estate in formal proceedings, if uncontested or assent­ed to in writing, or if there is no objection to the entering of such order by any interested person;

6. To perform such other acts as the court may authorize as necessaty or incidental to the conduct of informal and uncontested formal proceedings.

d) Effect of Decree and Orders Entered .in Formal Proceedings. A magistrate acting on an unopposed petition in a formal proceeding must indicate that the action was taken by the magistrate and not by a justice. Any interested person aggrieved by the action of a magistrate in a formal proceeding may be heard by a justice provided that a motion for a hearing is filed within five days of the date of the entry of the formal decree. Adopted December 14, 2011, effective January 2, 2012.

Rule 72. Allowance of Accounts (a) Scope and Applicability of Rule. This rule shall

govern the procedure for the allowance of all accounts filed in the Probate and Family Court except those for which allowance is sought pursuant to G. L. c. 215, § 6.

(b) Accounts With Written Assent. If a fiduciary files his or her interim or final account with: (1) the proper petition; (2) the filing fee(s); (3) the written assent or waiver of every person interested in the account; and (4) all tax receipts or tax waivers re­quired by law, the court or magistrate may allow the account without further notice. If any interested per­son is, as defined in G.L. c. 190B, an incapacitated person, a protected person or a minor, then the per­son's conservator, or if none, the person's guardian, shall sign any assent, unless the account is the conser­vator's own account.

(c) Accounts Without Written Assent.

(1) Notice: Form. If the interim or final account of a fiduciary is filed for allowance with the proper peti­tion, filing fee(s) and all tax receipts or tax waivers required by law, but without the written assent or waiver of every person interested in the account, notice of the proceeding for allowance of a fiduciary account or the account of a common trust fund shall be served in accordance with the procedure set forth in G.L. c. 190B, § 1-401 on all interested persons, including the Veterans Administration, Department of Developmen· ta! Services or Attorney General, if interested. An account is deemed to be filed for allowance when it has been filed with the court along with the proper peti­tion, filing fee(s) and a citation, as described below, has been issued by the court. The notice, in the form of a citation issued by the court, shall specify a return date as set forth in Rule 6 of the Supplemental Rules of the Probate and Family Court and shall provide that any person having an interest affected by the account:

313

(A) may file an pose the account set forth in G.L. c.

(B) may, e;(cept count of a commo himself or herself, written request, by petitioner, account proceeding for th common trust fun citation issued by person so request himself or herself< common trust fun and may obtain a subject to such ter court may determ countant.

(2) Guardian Ad guardian ad !item to interested in the ace< shall serve forthwith 1 of the petition, accot shall be without cos1 guardian ad !item sl sixty days following allowed by the couri report upon the petit interested who has fi1 ing. The court may, notice as the court m1 filing such report.

(3) Objection: Effi have been filed eithe tion pursuant to par. guardian ad !item's n account shall thereaf further proceedings : this rule, by the Sui and Family Court ar law.

( 4) Objection: Wi whether by an inte1 !item, may be withdr effect, signed by the or counsel, and serv necessary, the guardi then on file. The co vator, the guardian < any withdrawal for th person.

(5) Objection: Stri, by the court, if appro

(6) Contested Acee accountant, any pers tion is then on file, request that the cot court may, on its o~

(ii) ·-

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313 PROBATE AND FAMILY COURT RULES Rule 90

(A) may file an appearance and objection to op­pose the account in accordance with the procedure set forth in G.L. c. 190B, § 1-401;

(B) may, except in a proceeding to allow an ac­count of a common trust fund, obtain, at no cost to himself or herself, a copy of the account by sending a written request, by certified or registered mail, to the petitioner, accountant (fiduciary) or counsel. In a proceeding for the allowance of an account of a common trust fund, the notice, in the form of a citation issued by the court, shall provide that any person so requesting may obtain without cost to himself or herself a copy of the annual report of said common trust fund for the period of the account, and may obtain a copy of the account on request, subject to such terms, if any, as to costs, which the court may determine upon application of the ac­countant.

(2) Guardian Ad Litem. If the court appoints a guardian ad !item to represent an individual or class interested in the account, the petitioner or accountant shall serve forthwith upon the guardian ad litem a copy of the petition, account and the citation. Such copies shall be without cost to the guardian ad litem. The guardian ad !item shall file his or her report within sixty days following the return date, or as otherwise allowed by the court, and shall serve a copy of the report upon the petitioner, accountant, and any person interested who has filed an appearance in the proceed­ing. The court may, upon ex parte application or such notice as the court may require, extend the time for the filing such report.

(3) Objection: Effect. If, at any time, there shall have been filed either: (A) an appearance and objec­tion pursuant to par. (c)(l)(A) of this rule; or (B) a guardian ad !item's report containing an objection, the account shall thereafter be regarded as contested. and further proceedings shall be governed, in addition to this rule, by the Supplement!ll Rules of the Probate and Family Court and any ot}:ter rule as provided by law.

( 4) Objection: Withdrawal. Any objection filed, whether by an interested person or a guardian ad !item, may be withdrawn by filing a statement to that effect, signed by the person or the guardian ad !item, or counsel, and served on any person (including, as necessary, the guardian ad !item) whose appearance is then on file. The conservator or if there is no conser­vator, the guardian of an interested person shall sign any withdrawal for the ward, incapacitated or protected person.

(5) Objection: Striking. Objections may be stricken by the court, if appropriate.

(6) Contested Accounts: Hearings. The petitioner, accountant, any person whose appearance and objec­tion is then on file, or the guardian ad litem may request that the court assign a hearing date or the court may, on its own motion, assign a hearing date.

A Decree and Order entered after hearing shall be subject to the provisions of Rule 60 of the Supplemen­tal Rules of the Probate and Family Court (except that the standard governing any relief under Rule 60(b) shall be fraud or manifest error and Rule 60(b)(3) shall not apply).

(7) Uncontested Accounts. An account shall be re­garded as uncontested if:

(A) It has been filed pursuant to par. (b) of this rule; or

(B) After 10:00 a.m. on the return day (i) either no appearance and objection is filed to oppose the proceeding or any appearance and objection previ­ously filed shall have been withdrawn or stricken; and (ii) the report of the guardian ad !item, if any, is on file and contains no objection.

A Decree and Order on any uncontested account may be entered forthwith subject only to the provisions of Rule 60 of the Supplemental Rules of the Probate and Family Court (except that the standard governing any relief under Rule 60(b) shall be fraud or manifest error and Rule 60(b)(3) shall not apply). Adopted December 14, 2011, effective January 2, 2012.

Rule 72A. Content of Accounts Accounts of conservators or trustees with accounting

periods terminating after January 1, 1974, shall include real estate.

A personal representative, executor, administrator, conservator or trustee, with respect to assets with readily ascertainable market value shall include in his or her account, if the accounting period terminates after January 2, 1973, such market value as of the end of the accounting period or as of such date as may be chosen by the accountant prior to and not more than six months before the end of the accounting period. Market value shall be in addition to book or account­ing values. Market values may be furnished by double column on schedule C or by separate schedule. For assets without readily ascertainable market values, such as real estate, patent and copyright interests, oil well interests, close corporation stock and the like, the basis of the valuation used shall be stated (e.g., appraisal on a specified date, assessed value, tax value, book value, nominal value, etc.). Such appraisal may be provided by separate schedule or in juxtaposition to book values of assets held at the end of the accounting period.

Each item or entry within the schedules of accounts shall be numbered sequentially within the schedule. Adopted December 14, 2011, effective January 2, 2012.

Rule 90. Resignation of Personal Representative

A justice of the Probate and Family Court may accept the resignation of a personal representative when it appears proper to do so. Adopted December 14, 2011, effective January 2, 2012.

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330 331 PROBATE COURTS 215 § 52

e sum is less than one

led by St.1982, c. 178.

1 at law may enter his le party represented by proba~e court, and all ipon him shall have the ~ ~pon the party whom .enng an appearance as ~ ~half, shall print or • signature thereon, but ct the validity thereof. '

tory Notes

! court, the petitioner ' llter the filing of the e registry of probate :>cuments material to oc~eding. All provi­thirty-one relative to

ill, so far as applica-If a party neglects

answ~r ~ccording to be d1sm1ssed or its ~r or decree entered

r Notes

Historical and Statutory Notes

C.L c. 331. § 2. St.1692-3, c. 16, f 2. St.1696, c. 8, § 2. St.1700-1, c. 5. St.1752-3, c. 12, f§ 4, 5. St.1783, c. 32, § 11. R.S.1836. c. 65, § 7. Stl857, c. 71, f' 2. G.S.1860, c. 96, § 6. P.S.1882, c. 133, § I. R.L1902, c. 162, § 43.

§ 45. Costs

In contested cases before a probate court or before the supreme judicial court on appeal, costs and ex­penses in the discretion of the court may be awarded to either party, to be paid by the other, or may be awarded to either or both parties to be paid out of the estate which is the subject of the controversy, as justice and equity may require. In any case wherein costs and expenses, or either, may be awarded hereunder to a party, they may be awarded to his counsel or may be apportioned between them. Execution may issue for costs awarded hereunder.

Historical and Statutory Notes

St.1783, c. 46, § 4. St.1817, c. 190, §§ 7, 44. R.S.1836, c. 83, §§ 47, 48. G.S.1860, c. 117, §§ 25, 26. P.S.1882, c. 156, §§ 35, 36. St.1884, c. 131. R.Ll902, c. 162, § 44. St.1931, c. 120, § I.

§ 46. Summons or citation; service by registered mail

~ · When· personal service is required of any summons · or citation issued by a probate court, the court may

direct such service to be made by registered mail addressed to the party entitled thereto at his post office address. Further service may be ordered. Amended by St.1975, c. 400, § 71.

!nation or suspects

ourt by a person d person against a 11tly received, con­any property, real urt may cite such cutor or adminis­>n oath upon the n so cited refuses >n, or to answer ly propounded to until he submits

1ination shall be ; the court shall ned by the party ;hall be entitled

91.

Historical and Statutory Notes

St.1915, c. 24.

§ 47. Waiver of notice

The notice required in any proceeding in a probate court may be dispensed with if all parties entitled thereto assent in writing to such proceeding or waive notice.

Historical and Statutory Notes

St.1874, c. 346. § 3. P.S.1882, c. 156. § 37. R.L 1902. c. 162, § 45.

§ 48. Repealed, 1970, 317, Sec. 2 See c. 195, § 6.

§ 49. Notices; selection of newspapers

Parties to probate proceedings may select the news­papers in which the notices ordered upon their peti­tions shall be published, preference to be given to a newspaper, if any, published in the town where the deceased last dwelt, unless, in the judgment of the register, the interests of all parties require publication in some other locality; but the court may order the notice published in one other newspaper.

Historical and Statutory Notes St.1851, c. 138. G.S.1860, c. 117, § 29. P .S.t 882, c. 156, § 38. R.Li902, c. 162, § 47. Stl905, c. 229.

§ 50. . Receipts and releases of fiduciaries; record­ing; fees

A paper or instrument, dischar~ing a claim or Jur­P.C?rting to ;racknowle<:J.s~U .. h~ .. performance of a au_ or payment o moneyJor_':Vilic~ .. <:1.!!.. .. ~.lliUtor, admjnjstra­tor,_Sl!<:ir<:fiaJ11 c.onserv.<:ttor~Jru~t~~ Qr .. .!.5!ceiver is cbacge­abfe or accountable in a probate court, shall, upon_the r~uest of a party interested, Qe.. recorded in the regis­try of said rourt; and the registers of probate in their respective counties shall enter, record, index and certi­fy any original paper or instrument offered as afore­said, and shall receive for such services like compensa­tion as registers of deeds would be entitled to demand for like services. Such compensation shall be paid by the person leaving such paper or instrument for record at the time of leaving it.

Historl~l and Statutory Notes St.1864, c. 93. , P.S.1882, c. 156, § 39. St.1898, c. 527, § 2. R.Ll902, c. 145, § 41; c. 162, § 48. St.1910, c. 95. St.1915, c. 23.

§ 51. Repealed, 1955, 418, Sec. 2

§ 52. Original will; taking from registry

The probate court in which a will has been duly proved, allowed and recorded may, after the expiration of twenty days within which an appeal may be taken from the decree admitting such will to probate, upon the petition of the executor or of a legatee named in such will, or of any person interested in the estate of the testator, and after notice and a hearing. permit the original will, if it appears necessary, to be taken from the files of such court to establish the right or title of such executor, legatee or person to the estate of the testator in any foreign country.

Historical and Statutory Notes St.1876, c. 165. P.S.1882, c. 156. § 41. R.L.1902. c. 162. § 50.

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ts h

:o :o th

1e of to th ~g

its he he

of nr

217 UNIFORM TRUST CODE 203E § 301

§ 203. Trust proceedings; dismissal of matters re­lating to foreign trusts

[Text of section applicable as provided by 2012, 140, Sec. 66.j

Trust proceedings; dismissal of matters relating to foreign trusts

The court shall not over the objection of a party, entertain proceedings under section 201 involving a trust registered or having its principal place of adminis­tration in another state, unless: (1) all appropriate parties could not be bound by litigation in the courts of the state where the trust is registered or has its princi­pal place of administration; or (2) the interests of justice otherwise would seriously be impaired The court may condition a stay or dismissal of a proceeding under this section on the consent of a party to submit to the jurisdiction of the state in which the trust is registered or has its principal place of administration or the court may grant a continuance or enter any other appropriate order. Added by St.2012, c. 140, § 56, eff. July 8, 2012.

§ 204. Venue

[Text of section applicable as provided by 2012, 140, Sec. 66.J

Venue

A trust shall be subject to the jurisdiction of the probate and family court department of the trial court of the commonwealth in the county where its principal place of administration is located. The principal place of administration of a testamentary trust shall be deemed to be the location of the court of the common­wealth in which the will creating the trust was granted informal or formal probate. Unless otherwise desig­nated in the trust instrument, the principal place of administration of an inter vivos trust shall be the trustee's usual place of business where the records pertaining to the trust are· kept or at the trustee's residence if the trustee has no such place of business.

'In the case of co-trustees, the principal place of admin­istration, if not otherwise designated in the trust instru­ment, shall be: (l) the usual place of business of the corporate trustee if there is but 1 corporate co-trustee; (2) the usual place of business or residence of the individual trustee who is a professional fiduciary if there is but 1 such person and no corporate co-trustee; or (3) the usual place of business or residence of any of the co-trustees as agreed upon by them. Added by St.2012, c. 140, § 56, eff. July 8, 20l2.

§ 205. Petition for transfers of trust property the disposition of which depends upon the death of an absentee

[Text of section applicable as provided by 2012, 140, Sec. 66./

Petition for transfers of trust property the disposition of which depends upon the death of an absentee

(a) If a trustee holds trust property the disposition of which depends upon the death of an absentee whose death has not been determined, the trustee, or any person who would be interested in the trust property if the absentee were dead may on or after the day 5 years after the date of the absentee's disappearance petition the court having jurisdiction of the trust for an order that the trust property be disposed of to the persons it would have been distributed to under the trust if the absentee had died on that day.

(b) The court may direct the petitioner to report the results of a reasonably diligent search for the absentee in any manner that may seem advisaple, including any or all of the following methods:

(1) by inserting in a periodical of general circulation a notice requesting information from any person hav­ing knowledge of the whereabouts of the absentee;

(2) by notifying law enforcement officials, public welfare agencies and registers of deaths in appropriate locations of the disappearance of the absentee; or

(3) by engaging the services of an investigator.

The costs of any search so directed shall be paid from the trust property.

(c) After a search described in subsection (b) has been completed to the satisfaction of the court, notice of the hearing on the petition shall be given as provid­ed in section 1-401 of chapter 190B.

( d) If after the hearing the court finds that the facts warrant a presumption of death, the court shall enter an appropriate order of disposition of the trust proper­ty and any undistributed net income. Added by St.2012, c. 140, § 56, eff. July 8, 2012.

Section

ARTICLE 3

REPRESENTATION

301. Representation: basic effect. 302. Representation by holder of general testamentary pow­

er of appointment. 303. Representation by fiduciaries and parents. 304. Representation by person having substantially identical

interest. 305. Appointment of guardian ad !item.

§ 301. Representation: basic effect

[Text of section applicable as provided by 2012, 140, Sec. 66.j

Representation: basic effect.

(a) Notice to a person who may represent and bind another person under this article shall have the same effect as if notice were given directly to the other person.

{b) The consent of a person who may represent and bind another person under this article shall be binding on the person represented unless the person represent-

I' I I

" !

l'

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PETITION FOR ALLOWANCE Docket No. Commonwealth of Massachusetts

OF ACCOUNT OF The Trial Court

Probate and Family Court

O Estate of: 0 Conservatorship of: O Trust: Other: Division

The Petitioner(s) (hereafter "Petitioner"), an interested person(s), makes the following statements:

1. Petitioner is:

Name: First Name

(Address)

Primary Phone #:

(Apt, Unit, No. etc.)

M.I Last Name

(C1fy/Town) (State)

Interest of the Petitioner in the matter (e.g. Trustee, Personal Representative, Conservator, etc):

2. 0 Information on the Trust, if applicable:

(Zip)

Identify the Trust and Settlor (e.g. ABC Trust, Trust under written instrument by Jane Smith, under the will of Jane Smith dated 1/1/12, etc.):

Date of Trust: Dates of Amendments, if any: ~~~~~(d~a~te~)~~~~ ~~~~~~~~~~~~~~~~

A copy of the trust and any amendments are attached or are on file with the Court.

Venue for this proceeding is proper in this court because:

3. Persons interested in this Account and their representatives (Guardian, Conservator, etc.) are:

0 as stated in the Petition dated D OR as follows: ae

Name Address Interest

4. 0 The fiduciary was appointed on as (date)

Indicate if this person is:

D Minor

D Incompetent

0 Minor

D Incompetent

D Minor

D Incompetent

l,:~) \...:./'

MPC 857 (1/16/13) page of

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The Petitioner requests that the Court consider the account(s) ~~~~~~~~~~~~~~~~~

filed with this Petition or in the possession of the Court and approve the accounting(s).

The Petitioner further requests:

SIGNED UNDER THE PENAL TIES OF PERJURY I certify under the penalties of perjury that the foregoing statements are true to the best of my knowledge and belief.

Date: Signature of Petitioner

Information on Attorney for Petitioner, if any

Signature of Attorney

nnt name

(Address) (Apt, Unit. No. etc.)

MPC 857 (1/16/13)

Primary Phone #:

8.8.0.#

(C1tyfTown) (Staie) (Zip)

~~~~~~~~~~~~~~~~~~~~-

Em a i I:

page of

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Form Update: A Petition for Resignation/Removal/Appointment of Successor Trustee (MPC 266) and a proposed Decree and Order on Petition for Resignation/Removal/Appointment of Successor Trustee (MPC 782) may be filed to seek the removal of a trustee and may also be used to request the appointment of a successor trustee to fill a vacancy in a trusteeship caused by the removal without filing a separate petition. Notice shall be by citation in accordance with§ 109 of the MUTC. The filing fee to request removal of a trustee is $100. If the petition also requests the appointment of a successor trustee to fill a vacancy, the filing fee is an additional $375 .00. The filing fee for a citation, if necessary, is $15.00. Note: If the petition is the first or initial action filed in the court (e.g., an action to remove a trustee of a non-testamentary trust) a surcharge of$15.00 shall also be assessed.

Article 8: Duties and Powers of Trustee

Section 813. Duty to Inform and report

Under§ 813, trustees must now keep qualified beneficiaries reasonably informed about administration of the trust. Within 30 days of accepting a trusteeship or the date the trust became irrevocable, whichever is later, a trustee must inform qualified beneficiaries in writing of the trustee's name and address. A trustee is required to provide information about the trust to the qualified beneficiaries upon request. Unless the trust provides otherwise, a trustee must send annual accounts to current qualified beneficiaries and to other qualified beneficiaries who request it and at the termination of the trust. A beneficiary may waive the right to a trustee's account or to any information required by section 813. A waiver may also be withdrawn.

Allowance of an Account:

A trustee appointed on a bond with the statutory conditions required by the MUPC is not required by law to render annual accounts with the court. See MUPC at § 3-606, see also MUTC at § 702. A trustee appointed on a bond with the statutory conditions required by G. L. c. 206, § l (repealed) continues to have the obligations of their pre-MUPC bond, including an obligation to render an annual account to the court, unless modified by petition. See§ 702, part B, above (''Modifying a bond after approval of the Court'').

Form Update: Any trustee who seeks the allowance of his or her account may do so by filing both a Trust Account (MPC 859), with the appropriate filing fee for the account based on Schedule A, and either a Petition for Allowance of Account (MPC 857) or a complaint pursuant to G. L. c 215, § 6, if applicable. A copy of the trust must accompany the petition or complaint, unless otherwise on file with the court. The fee to file a Petition for Allowance of Account (MPC 857) is an additional $75.00. The fee to file a complaint, if applicable, is an additional $240. Unless assented to, an additional $15.00 citation or $5.00 summons fee shall also be required. A Petition for the Allowance of an Account (MPC 857) or a complaint may be used for both an interim and final account. Note: If the petition or complaint is the first or initial action filed in the court (e.g., an action to approve the account of a trustee of a non-testamentary trust) a surcharge of $15.00 shall also be assessed.

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Practice Note: The Supplemental Rules of the Probate and Family Court shall apply to actions commenced by petition. See Rule 72 and Rule 72A of the Supplemental Rules of the Probate and Family Court and Uniform Probate Practice XVIA and XVII. The Massachusetts Rules of Civil Procedure shall apply to actions brought by complaint. See G. L. c. 21 S, § 6; see also Uniform Probate Practice XVIA and ){VII. Rule 72 and Rule 72A of the Supplemental Rules of the Probate and Family Court are not applicable to complaints brought under G. L. c. 215, § 6.

Article 10: Liability of Trustees and Rights of Persons Dealing With Trustee

Section 1005. Limitation of action against trustee

Section l 005 provides:

(a) Unless previously barred by adjudication, consent or limitation, any claim against a trustee for breach of trust shall be barred as to any beneficiary who has received a final account or other statement fully disclosing the matter and showing termination of the trust relationship between the trustee and the beneficiary, unless a proceedina to assert the claim is commenced within 6 months after receipt of the fmal account or statement. Any claim against a trustee for breach of trust shall be barred in any event and notwithstanding lack of full disclosure, against a trustee who has issued a fmal account or statement received by the beneficiary and has informed the beneficiary of the location and availability of records for examination by the · beneficiary after 3 years. A beneficiary is deemed to have received a fmal account or statement if, being an adult, it is received by the beneficiary personally or it: being a minor or disabled person, it is received by the beneficiary's representative as described in article 3.

(b) Where a claim is not barred by subsection (a), a beneficiary may not commence a proceeding against a trustee for breach of trust more than 3 years after the date the beneficiary or a representative of the beneficiary knew or reasonably should have known of the existence of a potential claim for breach of trust.

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