Waiver of Ad Litem Appointment

Current through March 1, 2017

ESTATE OF ELLA B. DUNN, DECEASED TRUST FOR THE BENEFIT OF DON D. DUNN

Request for Waiver of Guardian and Trustee Ad Litem

Accountants respectfully request that the Court waive the appointment of a Guardian and Trustee ad Litem. In support thereof, Accountants assert that the interest of minors and unborn or unascertained beneficiaries are virtually represented and adequately protected by those persons who are sui juris with similar interests. In particular, Accountants assert that the remaindermen listed below are of sufficient age, maturity, training, education, and intellect to represent not only themselves, but also the minors and unborn persons or ascertained persons whom a Guardian or Trustee ad Litem would otherwise serve to represent.

There are three grandchildren of Ella B. Dunn named as remaindermen:

1. Helen T. Dunn, age 48, resides at 20 West 104th Street, Gotham, NY. She went to Gotham College and works as a consultant in Gotham City. She is unmarried and has no children.

2. Margery G. Whizz, age 45, resides at 24 Tomtom Road, Mohawk, NJ. She graduated from the University of Pennsylvania, cum laude, and works as real estate agent. She is married to Stephen E. Whizz, and has two children, Jason Whizz, age 23, also a graduate of the University of Pennsylvania, and Ginny Whizz, age 18, a first-year student at the University of Pennsylvania.

3. Sue Dunn, age 53, resides at 255 Fisher Ave., Seaport, MA. She graduated from Wellesley College, received an MBA from Stanford University, and works as a bank officer. She is divorced and has one child, Louis Loveless, age 14.

Accountants assert that Helen T. Dunn, Margery G. Whizz, and Sue Dunn are well-qualified to represent the interests of any minor and unborn or unascertained parties in interest in this Trust and notice of the audit has been given to them.

Finally, Accountants assert that no Guardian and Trustee ad Litem need be appointed because no distributions will be made at this time. The Trust assets are requested to be awarded to Upstanding Trust Company, Surviving Co-Trustee, for the continuing purposes of the Trust.

Accordingly, Accountants respectfully request the Court to waive the appointment of a Guardian and Trustee ad Litem in the above matter.

I. M. Trustworthy, Esquire

Counsel for the Accountants

There is no court-approved form, but some members of the bar have developed the practice of writing to the Court to request such waiver in order to avoid the expense and delay of an ad litem appointment when, for example, the minors' interests are fully and virtually represented by that of a parent who is also a party. This request should be signed by the attorney who will appear for the accountant at the audit and should be submitted to the auditing judge with the audit papers or, at least, well before the audit date; otherwise, the case will be continued. It may also be incorporated into the Statement of Proposed Distribution/Petition for Adjudication [usually as a rider, setting forth the facts and describing the capacity of the representative party or parties] in which case, it is, of course submitted over the signature of the accountant(s). Such request should be made only when warranted by the facts of the case and should not be used in every situation. It may be desirable to seek appointment of a permanent guardian. See Chapter 7.