STATE OF MINNESOTA COUNTY OF SHERBURNE
Filed in District Court State of Minnesota
DISTRICT COURT TENTH JUDICIAL DISTRICT
In Re: Court File No.: 71-CV- 19-873
Case Type: Trust
The Doris Specht Revocable Trust Under Agreement Dated September 14, 1999
(and)
The Trust Created by Erwin T. Specht Upon His Death Through his Will Dated April 6, 1977.
AMENDED NOTICE OF HEARING AND ORDER
IT IS ORDERED AND NOTICE IS GIVEN:
A Petition to Remove Co-Trustees and Appoint Corporate Trustee (“Petition”) has been filed with the Court. This petition is brought pursuant to Minn. Stat. § 501C. 0101, et. seq., specifically Minn. Stat. § § 501C.0201 - 501C.0208, 501C.0202, 501C.0704, and
501C.0706.
The Petition requests an Order for the following relief:
1. An Order removing Trustee Edwin John Specht and Trustee Erwin Paul Specht from their posts, respectively, as trustee of The Doris Specht Revocable Trust Under Agreement Dated September 14, 1999 and as trustee of The Trust Created by Erwin T. Specht Upon His Death Through his Will Dated April 6, 1977;
2. An Order directing the parties to agree upon a corporate trustee to serve as trustee of The Doris Specht Revocable Trust Under Agreement Dated September 14, 1999 and as trustee of The Trust Created by Erwin T. Specht Upon His Death Through his Will Dated April 6, 1977 and submit the name of said corporate trustee to the Court within 10 (ten) days of the date of this Order, who shall then be appointed to serve in said
capacity under Court supervision;
3. If the parties are unable to agree upon a corporate trustee, an Order appointing a corporate trustee to serve as trustee of The Doris Specht Revocable Trust Under Agreement Dated September 14, 1999 and as trustee of The Trust Created by Erwin T. Specht Upon His Death Through his Will Dated April 6, 1977;
4. An Order allowing Petitioner’s attorney’s fees and legal costs as compensable by Doris Specht’s Trust and/or Erwin Specht’s Trust;
5. An Order disallowing any attorney’s fees and legal costs incurred by the co- trustees, in other words, the co-trustees should be personally responsible for any attorney’s fees and legal costs incurred herein; and
6. Any other relief this Court deems equitable and just. The Court represents all per- sons in interest who are minors or incapacitated, or unborn, unascertained or whose identity or address is unknown and not reasonably ascertainable, and has determined that all other persons with an interest in the trust are represented under sections 501C.0301 to 501C.0304.
YOU ARE NOTIFIED BY
THIS DOCUMENTthat a scheduling conference will be held at 1:00 p.m. on September 19, 2019 at the Sherburne County Court- house located at 13880 Business Center Drive, Elk River, Minnesota 55330. Petitioner may attend by telephone, but all counsel must appear in person.
YOU ARE NOTIFIED BY
THIS DOCUMENTthat if you object to the petition, you must file an objection to the petition with the above-titled Court and serve a copy upon all interested persons no later than September 5, 2019, and you must appear at the hearing scheduled for September 19, 2019. Notice shall be given to all persons named in the Petition as having or as claiming an interest in the Trust. Notice shall be given by mailing a copy of this Amended Notice of Hearing and Order to all persons named in the Petition as having or who may have claim to have an interest in either Trust at issue in the Petition, at their last known addresses by U.S. Post Ser- vice at least 15 days prior to the hearing date; and publishing this Amended Notice of Hearing and Order one time at least 20 days prior to the hearing date in a legal newspaper of Sherburne County,
Minnesota.
Dated: 8-13-19
PATRICIAA. KUKA
Court Administrator
(Published in the Citizen-Tribune
08/17/19, 08/24/19).
