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Court Removes Trustee Because SNT Couldn’t Afford Its Management Fee
The Appeals Court of Michigan rules that a probate court’s removal of the trustee of a special needs trust (SNT) because the trustee’s management fee would deplete the trust assets prematurely was not an abuse of discretion, although the court’s failure to follow the SNT’s dictates in naming a successor trustee was an abuse. In re Logan Benjamin Garner, v. Barbara Bakeromerod, Successor Trustee(Mich. Ct. App., No. 356824, May 5, 2022).
A special needs trust was established for Logan Benjamin Garner with the proceeds from a settlement for injuries sustained at his birth. KeyBank was selected by his family to serve as the trustee.
In 2020, KeyBank filed an annual petition to allow its account for the trust. The accounting showed the trust had gained $55,507.94, incurred $97,933.80 in expenses, and had a balance of $768,569.99. The fiduciary fees and attorney fees reported were $14,955.50 and $6,354.63, respectively.
At a hearing on the petition, the probate court asked “what the bank did for Fifteen Thousand Dollars.” When the bank’s lawyer replied that KeyBank had provided a “myriad of services,” the court said that nothing suggested that those services justified the trustee’s management fee.
After an additional evidentiary hearing and obtaining an opinion on the reasonableness of the management fees from a court-appointed guardian ad litem, the court entered an order removing the bank as trustee and appointing a successor trustee the court selected.
KeyBank appealed the order, arguing that the trial court abused its discretion by removing the bank as trustee and appointing a successor trustee.
The Court of Appeals of Michigan affirms in part. The court rules that a trial court may remove a trustee when it determines that the removal of the trustee best serves the purpose of the trust. Because the trust was expected to last for the duration of the beneficiary’s life, it was not an abuse of discretion where management fees threatened to exhaust a modest trust early.
The trial court’s order appointing a successor trustee is vacated, however. The court rules that it was an abuse of discretion for the lower court to appoint a successor trustee not in the manner designated by the special needs trust. The trust provides that the trust advisor has 30 days to designate a successor trustee. Because the court failed to give the trust advisor time to select a successor trustee before appointing one, the court abused its discretion. The trial court’s order is remanded to allow the trial court to fill the trustee vacancy in the manner designated by the trust.
Plaintiffs Had Standing to Assert Unlawful Estate Recovery
The United States District Court for the Southern District of Ohio denied the defendants’ motion for judgment on the pleadings, finding that the plaintiffs had met all of the legal requirements to establish Article III standing. Plaisted v. Harper, No.
A roundup of elder law news and practice development articles culled from news sources across the nation during the week of May 20, 2025, to May 27, 2025.
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Court Removes Trustee Because SNT Couldn’t Afford Its Management Fee
The Appeals Court of Michigan rules that a probate court’s removal of the trustee of a special needs trust (SNT) because the trustee’s management fee would deplete the trust assets prematurely was not an abuse of discretion, although the court’s failure to follow the SNT’s dictates in naming a successor trustee was an abuse. In re Logan Benjamin Garner, v. Barbara Bakeromerod, Successor Trustee(Mich. Ct. App., No. 356824, May 5, 2022).
A special needs trust was established for Logan Benjamin Garner with the proceeds from a settlement for injuries sustained at his birth. KeyBank was selected by his family to serve as the trustee.
In 2020, KeyBank filed an annual petition to allow its account for the trust. The accounting showed the trust had gained $55,507.94, incurred $97,933.80 in expenses, and had a balance of $768,569.99. The fiduciary fees and attorney fees reported were $14,955.50 and $6,354.63, respectively.
At a hearing on the petition, the probate court asked “what the bank did for Fifteen Thousand Dollars.” When the bank’s lawyer replied that KeyBank had provided a “myriad of services,” the court said that nothing suggested that those services justified the trustee’s management fee.
After an additional evidentiary hearing and obtaining an opinion on the reasonableness of the management fees from a court-appointed guardian ad litem, the court entered an order removing the bank as trustee and appointing a successor trustee the court selected.
KeyBank appealed the order, arguing that the trial court abused its discretion by removing the bank as trustee and appointing a successor trustee.
The Court of Appeals of Michigan affirms in part. The court rules that a trial court may remove a trustee when it determines that the removal of the trustee best serves the purpose of the trust. Because the trust was expected to last for the duration of the beneficiary’s life, it was not an abuse of discretion where management fees threatened to exhaust a modest trust early.
The trial court’s order appointing a successor trustee is vacated, however. The court rules that it was an abuse of discretion for the lower court to appoint a successor trustee not in the manner designated by the special needs trust. The trust provides that the trust advisor has 30 days to designate a successor trustee. Because the court failed to give the trust advisor time to select a successor trustee before appointing one, the court abused its discretion. The trial court’s order is remanded to allow the trial court to fill the trustee vacancy in the manner designated by the trust.
Court Removes Trustee Because SNT Couldn’t Afford Its Management Fee
<p>The Appeals Court of Michigan rules that a probate court’s removal of the trustee of a special needs trust (SNT) because the trustee’s management fee would deplete the trust assets prematurely was not an abuse of discretion, although the court’s failure to follow the SNT’s dictates in naming a successor trustee was an abuse. <a href="https://casetext.com/case/logan-benjamin-garner-special-needs-tr-v-bakeromerod" target="_blank"><em>In re Logan Benjamin Garner, v. Barbara Bakeromerod, Successor Trustee</em> </a>(Mich. Ct. App., No. 356824, May 5, 2022).</p>
<p>A special needs trust was established for Logan Benjamin Garner with the proceeds from a settlement for injuries sustained at his birth. KeyBank was selected by his family to serve as the trustee.</p>
<p>In 2020, KeyBank filed an annual petition to allow its account for the trust. The accounting showed the trust had gained $55,507.94, incurred $97,933.80 in expenses, and had a balance of $768,569.99. The fiduciary fees and attorney fees reported were $14,955.50 and $6,354.63, respectively.</p>
<p>At a hearing on the petition, the probate court asked “what the bank did for Fifteen Thousand Dollars.” When the bank’s lawyer replied that KeyBank had provided a “myriad of services,” the court said that nothing suggested that those services justified the trustee’s management fee.</p>
<p>After an additional evidentiary hearing and obtaining an opinion on the reasonableness of the management fees from a court-appointed guardian ad litem, the court entered an order removing the bank as trustee and appointing a successor trustee the court selected.</p>
<p>KeyBank appealed the order, arguing that the trial court abused its discretion by removing the bank as trustee and appointing a successor trustee.</p>
<p>The Court of Appeals of Michigan affirms in part. The court rules that a trial court may remove a trustee when it determines that the removal of the trustee best serves the purpose of the trust. Because the trust was expected to last for the duration of the beneficiary’s life, it was not an abuse of discretion where management fees threatened to exhaust a modest trust early.</p>
<p>The trial court’s order appointing a successor trustee is vacated, however. The court rules that it was an abuse of discretion for the lower court to appoint a successor trustee not in the manner designated by the special needs trust. The trust provides that the trust advisor has 30 days to designate a successor trustee. Because the court failed to give the trust advisor time to select a successor trustee before appointing one, the court abused its discretion. The trial court’s order is remanded to allow the trial court to fill the trustee vacancy in the manner designated by the trust.</p>
<p>For the full text of this decision, go to: <a href="https://casetext.com/case/logan-benjamin-garner-special-needs-tr-v-bakeromerod" target="_blank">https://casetext.com/case/logan-benjamin-garner-special-needs-tr-v-bakeromerod</a></p>
<p> </p>
<p> </p>
<p> </p>
<p> </p>
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