Fill and Sign the Petition Require Form

IN THE _________________________________ COURT OF __________________________________________ (County), _______________________________________________ (State) In the Matter of the Testamentary Trust of ___________________________________________ Cause No. __________________ (Name of Decedent) Petition for Accounting Comes now ______________________________________________ (Name of Petitioner), an adult resident citizen of ______________________________________ ______________________________ (Name of County and State) , by and through his attorney, and files this Petition to require ______________________________________ (Name of Trustee), Trustee of the Testamentary Trust of __________________________ ___________________ (Name of Decedent) , to render a true and correct accounting, and in support of said Petition would show unto this honorable Court the following matters and facts, to-wit: 1. Trustee is now, and at all times relevant to this action was, (e.g., a banking corporation duly organized and existing under the laws of the United States) ________ ________________________________________________________________________ ___________________________________, with its principal place of business located at ________________________________________________________________________ ________________________________________________________________________ ___________________________________ (street address, city, county, state, zip code). 2. Petitioner is a named beneficiary of the Testamentary Trust of _____________________________________________________ (Name of Decedent), which was established on ____________________________________________ (date), pursuant to the Last Will and Testament of _____________________________________ (Name of Decedent), which Will was admitted to probate on ______________________ _______________ (date) by this honorable Court. 3. Trustee failed to file an annual accounting for the year ______________ (state year) as required by _____________________________________________ (cite state code section) of the _________________________________________________ (Name of State) Code. The necessity of an accounting was not waived by said Testamentary Trust. 4. On ____________________________________________ (date), Petition demanded that an accounting be filed with this Court in compliance with the ______________________________________ (Name of State) Code. A copy of said demand is attached hereto as Exhibit A and made a part hereof by reference. 5. Pursuant to the terms of said Trust, Petitioner is to receive ________% of the income of said Trust each year, but no such payment has been made to Petitioner, and such a payment is overdue pursuant to the terms of said Trust. WHEREFORE, PREMISES CONSIDERED, Petitioner prays that this Court issue an Order as follows: 1. Requiring an accounting from the Trustee, setting forth: (a) an itemized statement of receipts and disbursements of income and principal of the Trust for the period of time beginning ____________________________________ (date) and ending ______________________________________ (date), and (b) an itemized statement of all property held by Trustee as of _______________________________________ (date) . 2 . Requiring a bond from Trustee, pending resolution of this case. 3. Withholding any compensation to the Trustee until the accounting has been approved. 4. Awarding Petitioner his reasonable attorney fees, costs and disbursements herein incurred. 5 . And if Petitioner has prayed for wrong and improper relief, then he prays for such other, further and general relief as he may be entitled to in the premises, and as in duty bound, he will ever pray. Respectfully submitted, ____________________________________ (Name of Petitioner) By: ________________________________ (Name of Plaintiff’s Attorney) ____________________________________ (Signature of Plaintiff’s Attorney) State Bar No. _____________ OF COUNSEL: _________________________________________ (Name of Plaintiff’s Attorney) Post Office Box __________-_____________ _______________________________________________________________- (City, State, Zip Code) Telephone: __________-__________-_____________