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Massachusetts Petition For Appointment of A Testamentary Trustee

State:
Massachusetts
Control #:
MA-SKU-0675
Format:
PDF
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Description

Petition For Appointment of A Testamentary Trustee

The Massachusetts Petition For Appointment of A Testamentary Trustee is a legal document that is used by an individual to petition the probate court in the state of Massachusetts for the appointment of a testamentary trustee. This document is used when someone dies and leaves a trust in their will that requires a trustee to manage the trust assets and distribute them according to the terms of the trust. The petition comprises several sections, including the names of the deceased and the petitioner, the property involved in the trust, and the reasons why the petitioner believes they should be appointed as the trustee. There are two types of Massachusetts Petition For Appointment of A Testamentary Trustee: Regular and Summary. The Regular Petition is more in-depth than the Summary Petition, and requires more information regarding the trust, the deceased, and the petitioner. The Summary Petition is more straightforward, and can be used if the trust is small and the petitioner meets all the requirements for appointment as trustee.

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FAQ

In order to obtain Letters Testamentary, an interested party (typically the nominated executor under the will) must petition the Surrogate's Court and provide pertinent information regarding the decedent, relevant parties (spouse, children, etc.), and the decedent's assets.

Is there a deadline to probate an estate? The general rule is that an estate has to be probated within 3 years of when the decedent died. However, this deadline doesn't apply to: A voluntary administration.

When the probate court appoints a personal representative, it issues a document called "Letters." This document is proof of the personal representative's legal authority to collect and manage estate property. The personal representative is entitled to collect a reasonable fee for the work performed for the estate.

A Letter of Authority is a legal document that is signed by the Register of the Probate Court in the County where your loved one was living at the time of their death. It designates the person who will be the Personal Representative of your loved one's Estate.

What Are ?Letters of Administration?? Letters of Administration are official documents that grant an individual permission to access and manage an Estate after someone dies. This individual -- called the Administrator of Estate -- is then in charge of paying outstanding debts and distributing property to relatives.

When the probate court appoints a personal representative, it issues a document called ?Letters of Authority.? This document is proof of the personal representative's legal authority to collect and manage estate property. The personal representative is entitled to collect a fee for the work performed for the estate.

A petition for instructions must address a present issue. It cannot request direction on a future duty, hypothetical action or ratification of the fiduciary's past conduct. A petition for instructions is specifically permitted by the Massachusetts Uniform Trust Code (MUTC).

Assent and Waiver of Notice Select this box if you assent agree to the content of the pleading being filed with the Court and you agree to waive any legal right to notice to which you are entitled related to that specific pleading.

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Massachusetts Petition For Appointment of A Testamentary Trustee