Montgo. Cnty. Pa. 5.17A

As amended through January 1, 2019
Rule 5.17A - Petition to Convert to Unitrust
(a) Contents of Petition
1) The name, address and interest of petitioner in the trust.
2) How and when the trust was created, attaching a copy of the trust document and any amendments thereto to the petition as an exhibit.
3) The facts establishing Montgomery County as a proper venue for the trust.
4) Statement of how the trustee received the funds (e.g. by gift, by award from a prior adjudication, etc.).
5) A description of the dispositive provisions of the trust.
6) The terms of the trust.
7) Names of all beneficiaries.
i. Beneficiaries who are currently eligible to receive income from the trust.
ii. Names of any successor beneficiaries or representatives of beneficiaries.
iii. The names of all beneficiaries entitled to distribution of principal in the absence of exercise of any powers of appointment.
iv. Petition shall identify any beneficiary who has been declared incapacitated, is believed not to be sui juris or is a minor, including the age of the minor, and including the names of any fiduciary representing a beneficiary
(b) Asset information related to the assets of the trust.
1) The current market value of the trust principal.
2) The current annual fiduciary income accounting of the trust without regard to the power to adjust under Probate, Estates and Fiduciaries Code § 8104.
3) The current percentage yield of the trust based on trust principal and trust income.
4) The current percentage of the trust invested in fixed income investments and the current percentage of the trust invested in equities.
5) The current percentage of trust assets not invested but producing income or unfixed in equities.
(c) Facts supporting why the conversion will enable the trustee to better carry out the intent of the settlor or testator and the purpose of the trust.
(d) Copies of all notices sent to beneficiaries shall be attached as an exhibit to the petition.
(e) Statement as to why there is a need for court approval of the requested conversion.
(f) Specific language relating to the relief being requested shall be included in both the petition and the order to be attached to the petition.

Montgo. Cnty. Pa. 5.17A