Free Form OC-02 - rev. 10-13-06 - Petition for Adjudication - Trust - Pennsylvania


File Size: 366.9 kB
Pages: 10
Date: December 28, 2006
File Format: PDF
State: Pennsylvania
Category: Court Forms - Local
Word Count: 1,330 Words, 9,235 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.pacourts.us/NR/rdonlyres/C9221652-D530-49D6-ABC9-4588CDC06E72/0/OCRFormOC02.pdf

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TRUST
COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION

NAME OF TRUST (TRUST UNDER WILL OF or TRUST UNDER DEED OF DATED No.

)

PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9

This form may be used in all cases involving the Audit of Trust Accounts. If space is insufficient, riders may be attached.

INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM.

Name of Counsel: Supreme Court I.D. No.: Name of Law Firm: Address: Telephone: Fax:
Form OC-02 rev 10.13.06

Page 1 of 10

Name of Trust: 1. Name(s) and address(es) of Petitioner(s): Petitioner:
Name:

Petitioner:

Address:

2.

Check if any of the following issues are involved in this case: A. Appointment of Trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " B. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " C. Discharge of Trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " D. Transfer of Situs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " E. Appointment of Ad Litem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " F. Minor, Unborn or Unascertained Beneficiary(ies) . . . . . . . . . . . . . . . . . . . . . . " G. Principal Distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " H. Partial/Full Termination of Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " I. Missing Beneficiary(ies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " J. Cy Pres . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " K. Williamson Issue* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " L. Other Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " List:

Please note: A detailed explanation of issues checked should be set forth at item 13 below.

* See Williamson Estate, 368 Pa. 343, 82 A.2d 49 (1951), if Trustee was also Executor of the settlor/decedent's estate and
received commissions in such capacity.

Form OC-02 rev 10.13.06

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Name of Trust: 3. Testamentary Trust: Decedent's date of death: Date of Decedent's Will: Date(s) of Codicil(s): Date of probate: or Inter Vivos Trust: Date of Trust: Date(s) of Amendment(s):

4.

A. If any other Court has taken jurisdiction of any matter relating to this Trust, explain:

B. Identify all prior accountings and provide dates of adjudication.

5.

A. State how each Trustee was appointed:

B. If a Petitioner is not a Trustee, explain:

Form OC-02 rev 10.13.06

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Name of Trust:

6.

State how and when the present fund was awarded to Trustee(s):

7.

Period covered by accounting:

to

.

8.

Current fair market value of the Trust principal is $ of Account.)

. (See page

9.

State concisely the dispositive provisions of the Trust:

10.

Explain the reason for filing this Account (if filed because of the death of a party, state name of person, relationship to Trust and date of death):

Form OC-02 rev 10.13.06

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Name of Trust:

11.

State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit (see Pa. O.C. Rule 12.4):

12.

A. State the amount of Pennsylvania Transfer Inheritance Tax and Pennsylvania Estate Tax paid (including postponed tax on remainder interests), the dates of payment and the interests upon which such amounts were paid:
Date Payment Interest

B. If any such taxes remain unpaid or are in dispute, explain:

13.

Describe any questions requiring Adjudication and state the position of Petitioner(s) and give details of any issues identified in item 2:

Form OC-02 rev 10.13.06

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Name of Trust: 14. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been or will be given to all parties in interest listed in item 15 below. In addition, notice of any questions requiring Adjudication as discussed in item 13 above has been or will be given to all persons affected thereby. A. If Notice has been given, attach a copy of the Notice as well as a list of the names and addresses of the parties receiving such notice. B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice shall be submitted at the Audit together with a statement executed by Petitioner(s) or counsel certifying that such Notice has been given. C. If any such party in interest is not sui juris (e.g., minors or incapacitated persons), Notice of the Audit has been or will be given to the appropriate representative on such party's behalf as required by Pa. O.C. Rule 5.2. D. If any charitable interest is involved, Notice of the Audit has been or will also be given to the Attorney General as required under Pa. O.C. Rule 5.5. In addition, the Attorney General's clearance certificate (or proof of service of Notice and a copy of such Notice) must be submitted herewith or at the Audit. 15. List all parties of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the Trust, whether such interest is vested or contingent, charitable or non-charitable. This list shall: A. State each party's relationship to the Settlor/Decedent and the nature of each party's interest(s);
Name and Address of Each Party in Interest Relationship and Comments, if any Interest

Form OC-02 rev 10.13.06

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Name of Trust:

Name and Address of Each Party in Interest

Relationship and Comments, if any

Interest

B. Identify each party who is not sui juris (e.g., minors or incapacitated persons). For each such party, give date of birth, the name of each Guardian and how each Guardian was appointed. If no Guardian has been appointed, identify the next of kin of such party, giving the name, address and relationship of each; and

C. If distribution is to be made to the personal representative of a deceased party, state date of death, date and place of grant of Letters and type of Letters granted.

16.

If Petitioner(s) has/have knowledge that a Trust share has been assigned or attached, provide a copy of the assignment or attachment, together with any relevant supporting documentation.

17.

If a trustee's principal commission is claimed: A. If based on a written agreement, attach a copy thereof.

Form OC-02 rev 10.13.06

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Name of Trust: B. If a principal commission is claimed, state amount.

C. If a principal commission is claimed, state the amounts and dates of any principal commissions previously paid in prior accounting periods.
Amount Date Paid

18.

If a reserve is requested, state amount and purpose.
Amount: Purpose:

If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the parties in interest? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " Yes If so, attach a copy of the notice.

" No

19.

Is the Court being asked to direct the filing of a Schedule of Distribution? . . . . . . . . . . . . . . . . . . . . . . . . . . " Yes

" No

Form OC-02 rev 10.13.06

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Name of Trust: Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s) that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income:
Proposed Distributee(s) Amount/Proportion

B. Principal:
Proposed Distributee(s) Amount/Proportion

Submitted By: (All petitioners must sign. Add additional lines if necessary):
Enter Corporate Fiduciary (if applicable):

___________________________________________ Name of Petitioner: ___________________________________________ Name of Petitioner:

Form OC-02 rev 10.13.06

Page 9 of 10

Name of Trust: Verification of Petitioner (Verification must be by at least one petitioner.)

The undersigned hereby verifies * [that he/she of the above-named name of corporation

is title and] that the facts set

forth in the foregoing Petition for Adjudication / Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. ยง 4904 (relating to unsworn falsification to authorities).

____________________________________ Signature of Petitioner

* Corporate petitioners must complete bracketed information.

Certification of Counsel

The undersigned counsel hereby certifies that the foregoing Petition for Adjudication / Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein.

Signature of Counsel for Petitioner

Form OC-02 rev 10.13.06

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