Trustee Notice Form

TRUSTEE NOTICE FORM

Trustee Name:   acting as Trustee of the Trust titled , dated , (the "Trust"), hereby provides notice to Beneficiary/Recipient Name: with mailing address: .

RECITALS

WHEREAS, the Trustee is the duly appointed trustee under the Trust and has authority under the Trust instrument to make determinations, to give notices to beneficiaries and other parties, and to take actions described herein; and

WHEREAS, the Trustee has determined that it is necessary to provide formal written notice concerning the matters described below to preserve rights, to establish record of action, and to afford recipients an opportunity to request further information or assert objections in accordance with the Trust instrument and applicable law; and

WHEREAS, the Trustee intends that this Notice shall be effective as set forth in this document and shall constitute adequate and proper communication under the terms of the Trust and relevant statutes governing notice to beneficiaries.

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, the Trustee provides notice as follows:

1. NOTICE OF TRUSTEE DETERMINATION

The Trustee gives notice that on , the Trustee made the following determination or took the following action with respect to the Trust:

2. EFFECTIVE DATE AND IMPACT

The Trustee states that the effective date of the foregoing determination or action is , . The action affects the interests of the beneficiaries as follows:

3. AUTHORITY AND BASIS

The Trustee declares that the determination or action described in Section 1 is taken pursuant to the powers conferred by the Trust instrument and applicable fiduciary law, including but not limited to the power to interpret provisions of the Trust, to allocate receipts and expenses, and to make distributions. The Trustee's factual and legal basis for the action is summarized as follows:

4. RIGHTS OF RECIPIENT

The Recipient is hereby notified of the right to request, within days from receipt of this Notice, reasonable records, accountings, or further explanation of the Trustee's determination. Any request must be made in writing to the address set forth in Section 6 below. Failure to timely request such information may be deemed a waiver of the right to challenge the Trustee's determination to the extent permitted by law.

5. DELIVERY OF NOTICE

This Notice has been delivered by the Trustee to the Recipient at the following address for notices. Recipient may designate an alternative notice address in writing pursuant to the Trust instrument.

  First-class mail      Email      Personal delivery

6. RELIANCE AND INDEMNITY

The Trustee, in acting pursuant to the Trust instrument and applicable law, shall be entitled to rely on the accuracy of any information provided by a beneficiary or other party. To the extent permitted by law, the Recipient agrees to indemnify and hold the Trustee harmless from and against any losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from any claim that challenges the Trustee's act, determination, or reliance made in good faith.

7. RECORDS AND INSPECTION

Subject to the Trust instrument and applicable law governing confidentiality and fiduciary duties, the Recipient may inspect trust records upon written request. The Trustee may require reasonable notice and may redact material protected by privilege or non-disclosure obligations.

8. AMENDMENTS; WAIVER; COUNTERPARTS

This Notice may be amended by the Trustee by written instrument delivered to the parties. No waiver of any provision of this Notice shall be effective unless made in writing and signed by the party waiving such right. This Notice may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

9. GOVERNING LAW

This Notice shall be governed by and construed in accordance with the laws of the state specified in the Trust instrument. In the absence of such designation, the laws of the state where the Trustee's principal place of administration is located shall govern.

10. ENTIRE AGREEMENT

This Notice constitutes the entire written notice regarding the matters described herein and supersedes all prior written or oral communications to the extent they conflict with this Notice.

11. SEVERABILITY

If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall be enforced to the fullest extent permitted by law.

12. CERTIFICATION OF NOTICE

The undersigned Trustee certifies under penalty of perjury that the facts set forth in this Notice are true and correct to the best of the Trustee's knowledge and that the Trustee has provided this Notice in accordance with the Trust instrument and applicable law.

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