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QUESTION

Sarah Mason and her brother George Mason, ages 27 and 25 respectively, both residents of Philadelphia, are annoyed.

Sarah Mason and her brother George Mason, ages 27 and 25 respectively, both residents of Philadelphia, are annoyed.They are beneficiaries of "THE DONNA MASON FAMILY TRUST" that was established by Donna Mason, their mother, for their benefit and was funded with $250,000. The trust is to be used for the benefit of Sarah's and George's education and basic maintenance until they each reach the age of 35. At that age, each will receive half of the trust money. The reason that Sarah and George are annoyed is the manner in which the trust is being handled. Uncle Joe, who is the trustee, has done very little about making the money productive. When the trust was first funded, Uncle Joe put the money in a CD that earns 2.25% per year. Since then, Joe has not touched the money. He figures that if he puts it in stocks or mutual funds, the trust money could be decreased or lost, and he'd rather just sit tight. Sarah and George, on the other hand, want the money to be invested in stocks or mutual funds so that it can increase, especially in light of the low interest rate that the CD is earning. Therefore, Sarah and George want Uncle Joe removed as trustee of the trust. They come to you and ask if, under Pennsylvania law, they are likely to be successful in petitioning the court to remove Uncle Joe as trustee and installing someone who will be a little more aggressive with their trust money. Can you please help Sarah and George? An IRAC-style essay is appropriate for this assignment.

 
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