Petition to Remove Trustee for Breach of Trust

[Insert caption.]

PETITION TO REMOVE TRUSTEE FOR BREACH OF TRUST

Petitioner Ralph Jones represents that he is interested in this matter as trust beneficiary and states:

1. The Ed Jones Trust was established on [date] and became irrevocable on the death of Ed Jones on [date of death].

2. John Jones is the Successor Trustee of the Ed Jones Trust.

3. The interested persons to this petition are: Name and Relationship Address John Jones, Successor Trustee [address] Stephanie Jones, trust beneficiary [address] Ralph Jones, trust beneficiary [address]

4. Among other things, the trust requires the Trustee to

a. account annually to all trust beneficiaries,

b. file appropriate tax returns,

c. distribute the net income of the trust on a biannual basis, and

d. prudently invest and manage the trust assets.

5. The Successor Trustee, John Jones, has breached his duties as Trustee in the following ways:

a. He has absolutely failed, refused, and neglected to account to the trust beneficiaries despite the beneficiaries’ frequent requests that he do so.

b. He has failed to file appropriate tax returns.

c. Only one distribution has been made from the trust since the death of Ed Jones, with no explanation or information whatsoever as to how the distribution was calculated.

d. On information and belief, the Successor Trustee has failed to maximize the income of the trust by appropriately and prudently investing the trust assets.

6. The trust is not registered, but this court has jurisdiction and venue pursuant to MCL 700.7202 and MCL 700.7204. PETITIONER REQUESTS that the court grant the following relief:

A. Remove John Jones as Successor Trustee.

B. Appoint Ralph Jones or some other suitable person as Second Successor Trustee.

C. Enter any other order that will protect the rights of all interested parties in this matter.

I declare that I have examined this petition and that its contents are true to the best of my information, knowledge, and belief.

Dated: ______/s/______Ralph Jones, Petitioner

Prepared by: [Firm name] By: /s/______[Typed name of attorney (P____)] [Address, telephone]