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Utah Motion to Dismiss Amended Verified Petition to Ascertain Beneficiaries and for Distribution of Trust Assets

State:
Utah
Control #:
UT-KS-317-17
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PDF
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A03 Motion to Dismiss Amended Verified Petition to Ascertain Beneficiaries and for Distribution of Trust Assets
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FAQ

A beneficiary's right to remove and replace trustees is governed by both the trust document itself, and by California law.Sometimes the trust states that a trustee may only be removed by a court, or the trust is silent on the issue, in which case the trustee of an irrevocable trust can only be removed by a court.

The trust deed will ordinarily provide for one of two methods for removing a beneficiary: (a) the exiting beneficiary signs a document renouncing his or her interest as a beneficiary; or (b) the trustee makes a declaration (if he or she has the power to do so under the trust deed) that the beneficiary is no longer a

The first step in dissolving a revocable trust is to remove all the assets that have been transferred into it. The second step is to fill out a formal revocation form, stating the grantor's desire to dissolve the trust.

The first step in dissolving a revocable trust is to remove all the assets that have been transferred into it. The second step is to fill out a formal revocation form, stating the grantor's desire to dissolve the trust.

A trust can be dissolved by entirely distributing the trust property and winding up the trust. This can occur on the trust's vesting date. This can also occur on an earlier date if you choose to do so. For example, if the purpose of the trust has already been fulfilled.

The trust deed will ordinarily provide for one of two methods for removing a beneficiary: (a) the exiting beneficiary signs a document renouncing his or her interest as a beneficiary; or (b) the trustee makes a declaration (if he or she has the power to do so under the trust deed) that the beneficiary is no longer a

Petitioning Court for Removal A petition for removal of a trustee can be filed by either a co-trustee or a beneficiary. This process can be further complicated if beneficiaries are also designated as trustees. The petition may also seek financial damages from the trustee.

A beneficiary can renounce their interest from the trust and, upon the consent of other beneficiaries, be allowed to exit. A trustee cannot remove a beneficiary from an irrevocable trust. A grantor can remove a beneficiary from a revocable trust by going back to the trust deed codes that allow for the same.

The beneficiaries of a trust are those to whom the trustee may distribute trust assets.However, if you do wish to remove someone as beneficiary, you can do so by executing a deed of variation.

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Utah Motion to Dismiss Amended Verified Petition to Ascertain Beneficiaries and for Distribution of Trust Assets