[{"_1":2,"_99":-5,"_100":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},"mediaId",6177431,"mediaKeyId","5338414-28eb8760d1b4f2ae705659e18b89d486","parentId",5338414,"title","Court approves supplemental-needs trust accounting for Zachary Welday but questions attorney-fee rates","audioSeconds",475,"startMs",948000,"endMs",1423000,"viewUrl","/Search/View?dp=1&key=5338414-28eb8760d1b4f2ae705659e18b89d486&start=948&end=1423","thumbnailUrl","https://assets.pipeline.soar.com/5338414-28eb8760d1b4f2ae705659e18b89d486/thumbnail_948000.jpg","articleUrl","/articles/6177431/Michigan/Court-approves-supplemental-needs-trust-accounting-for-Zachary-Welday-but-questions-attorney-fee-rates","mediaUrl","https://secure.pipeline.soar.com/6177431-12feb66599afa0fa55e8a30a8804948b/orig.mp4?Expires=1774885446&Signature=HZ~PRrlbfqAVMQUdqOf8bGjiDMTyjQdHmPIv~MnzJmDEUUqUHRmZ4xLdOc9hwaQn4ZY7RjJihXbMrDXK5s-hyIhbzZFOXpz3qBlfx7mmev3MPj2PkPkCS6Zq~JKuuvSJpsSkbW-LfX240tfJzKK~JehNBRSk-ZO6Loa-rEzKRXSn6UvZahAbr7h9pfxBt001PlRur3q4Lf6DCNBOIas0zVokycwqW8IwvGbmBDwv76obPx2Ku9YCHwHaco7OiHjxAB8VeVikyxEim3gOgBRV4pppZsXTIyxhDTkZ-5qPva1x91WsqxoxJm4PgHO~F5hssLVBLZWxCwmXidQxcnoBvA__&Key-Pair-Id=KUT5TJCACFTXG","author","","date","2025-07-09T13:21:25Z","article","The Lenawee County Probate & Juvenile Court allowed the second annual accounting for a supplemental-needs trust created for beneficiary Zachary Welday and granted the requested attorney fees, while the judge raised questions about the billing rates used for accounting preparation and asked counsel to ensure the beneficiary reviews the filings.

Lindsay Artis appeared on behalf of Richard Weldey, the trustee, and told the court the trust was performing well, most assets remained invested and family members were not drawing on the funds. Artis said the accounting included legal fees, CPA fees and federal and state tax payments and that all interested parties had been served with no objections received.

The judge noted a distinction in the law between attorney fee rates and fiduciary rates and questioned whether preparation of routine fiduciary accounting tasks should be billed at attorney rates. The court observed an accounting line billed at $355 per hour and referenced that paralegal or typical fiduciary rates in Lenawee have been allowed in the past at lower amounts; the judge said she would permit the accounting and the requested fees for now but asked counsel to have the client appear with the court next time to confirm the client reviewed the work and to reexamine billing rates against local case law and guidance. \"I'm gonna allow it today, but I would request that you ... have your client here with us next time to verify that he's reviewed the work,\" the judge said.

Artis told the court that the office provides legal services and that Richard Weldey serves as the trustee; she said the firm’s billing reflects legal expertise used to prepare required filings. The judge also noted a paralegal entry at a lower hourly rate in the bill and encouraged counsel to reconcile the invoice descriptions and rates for consistency going forward.","mediaType","Video","parentTitle","Probate Court Call","oneSentenceSummary","The court allowed the second annual accounting for a supplemental-needs trust for beneficiary Zachary Welday, approving requested attorney fees but questioning higher attorney rates billed for accounting preparation and asking counsel to have the beneficiary verify the work and to review rates against local guidance.","taxTitle","Lenawee County Probate & Juvenile Court, Judicial, Michigan","taxId",66320,"location","Michigan","headline","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},6177436,"Court allows accountings for Thomas Wozniak; guardian reports he is hospitalized",131,792000,923000,"/Search/View?dp=1&key=5338414-28eb8760d1b4f2ae705659e18b89d486&start=792&end=923","https://assets.pipeline.soar.com/5338414-28eb8760d1b4f2ae705659e18b89d486/thumbnail_792000.jpg","/articles/6177436/Michigan/Court-allows-accountings-for-Thomas-Wozniak-guardian-reports-he-is-hospitalized","https://secure.pipeline.soar.com/6177436-f8efe0c3f697b4c8a0f42042ce7a9bd8/orig.mp4?Expires=1774885446&Signature=Q6yRM4NqMsnNaTbVrjFjSiH0DJGoAOUxK6ky4EoX~JdvSPmoGvG~aE-HhWlJshB7M9Fva~IXAwP5jI2qisGw9vG3V~WSoLT7YEWYIAYXGhRkKo-Oas~tzB89Sg0lEw7VHWrt1bRLrVvSO2ZqON8SFl7QY2HtcxHLuDIO8vQg76Ewr4lxM4kpE0N6Mj6i1bkmplHxFZGV-Jr7oHVEX99-7kKvVXMl5890BCR~k2ZezyGxMpGNfxPWYITg9KabuW5OwQG6B1D2dba8rrhI5k7xN2VRG4J4oSD6~KCDTlhhTPyDMkVKWmS3tFUmXDbUs48ps~ZovxZaZNwt-uOidvx7aA__&Key-Pair-Id=KUT5TJCACFTXG","The Lenawee County Probate & Juvenile Court on the record allowed the accountings filed in the matter of Thomas Wozniak and signed the order approving them, court staff said.

James Nicholson, who prepared the accountings, confirmed under oath that the information in the filings was truthful and accurate. Guardian attorney Michael McFarland submitted a waiver and consent on the file.

Counsel reported that Wozniak was not doing well and was hospitalized in Toledo after a fall at the Coleman Foundation in Hudson. \"He's not doing well. He's in Toledo Hospital right now,\" the fiduciary said during the hearing. The judge offered the parties best wishes and told them they could obtain a copy of the signed order from court staff before leaving.

The court noted that the accountings had been reviewed by the appropriate reviewer in the file and signed the order allowing those accountings to proceed.","The Lenawee County Probate & Juvenile Court allowed the accountings submitted in the guardianship/conservatorship file for Thomas Wozniak and signed the order; counsel reported Wozniak is hospitalized after a fall and the court wished him well.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},6177440,"Judge opens estate of Herbert Betts as intestate, appoints wife Marguerite Betts as personal representative",661,55000,716000,"/Search/View?dp=1&key=5338414-28eb8760d1b4f2ae705659e18b89d486&start=55&end=716","https://assets.pipeline.soar.com/5338414-28eb8760d1b4f2ae705659e18b89d486/thumbnail_55000.jpg","/articles/6177440/Michigan/Judge-opens-estate-of-Herbert-Betts-as-intestate-appoints-wife-Marguerite-Betts-as-personal-representative","https://secure.pipeline.soar.com/6177440-19a3484c4f7e35e689f8ea89a07776f9/orig.mp4?Expires=1774885446&Signature=FU5s4P5VZFyk9dIlIYx3bg-nlg5M5bZa~ZbH~a6CadG6tm4NNRTtDpMsuMIS8fKsqfjfWirwmdlipqIVtn2JR3CDR4acfKd9MT6VT32EtNIcHEnvThBMD26zVUg2tzcBbUgCxz~qL6YyRCh0sR334vXB6ofBEbzslMlB3gFtj~VHzZa-dVpFImi39KR3z0YhjglDen09YSefFM13ONovE8cE85W0j~6-~eErNPhMaFnKGD1CwNaI9YrInJgeYZgwh9CHb6Py6vSrCdnDfa0ydcGmpylwjSwHPYIX1WmBf6Puos3d67Dthbms90XzDEZYUUi-TGtR4bsKin7pbBViJw__&Key-Pair-Id=KUT5TJCACFTXG","A Lenawee County judge on the record opened the estate of Herbert Betts as intestate and appointed his wife, Marguerite Betts, as personal representative, declining to appoint a friend of the family who had been proposed and saying no bond would be required at this time.

The court said the copy of a will submitted in the case showed edits, lacked dates and witness verification and contained only a \"/s/\" signature line; because the document did not reliably establish a valid testamentary instrument the judge found an intestate estate and applied the applicable intestacy priority to appoint a personal representative.

Family members and counsel contested the submitted will and the proposed administrator during the hearing. Brian Betts, who identified himself as a son of the decedent, said he believed the house being referenced in filings belonged to him and that the proposed appointment of Susan Rogers — described on the record as a friend of the decedent’s wife — should not be allowed without protections to ensure his stepmother receives what she is due. \"The house that I have … I purchased on my own in 2005 and then paid for it,\" Betts said during the hearing.

Attorney Robert Gross, who appeared for the petitioner, acknowledged the submitted will was the best document the petitioner currently had and said the petitioner alternatively asked the court to appoint the decedent’s spouse, or, if the court preferred, to appoint the proposed representative with a bond. The judge said family members who have priority under the statute should have the first opportunity to serve and noted Marguerite Betts would otherwise have priority to serve as personal representative. The judge therefore denied appointment of Susan Rogers and appointed Marguerite Betts.

The judge also said she would not require a bond at the time of the appointment but left the matter open for the parties to return if a bond later proved necessary. The court directed counsel to adjust the order and letters of authority, and said the corrected documents would be issued so asset administration could begin. The judge advised the son to consult independent legal counsel if he had further questions and invited parties to bring any title or administration disputes back to the court for resolution.

The court recorded the decedent’s date of death from the death certificate presented in the file as April 1, 2025, and made venue findings for Lenawee County.","A Lenawee County judge found the will submitted for Herbert Betts defective, opened the estate intestate and appointed his wife, Marguerite Betts, to serve as personal representative while denying a proposed appointment of Susan Rogers and declining to require a bond at this time.","actionData","errors"]

Article not found

Court approves supplemental-needs trust accounting for Zachary Welday but questions attorney-fee rates

Court allows accountings for Thomas Wozniak; guardian reports he is hospitalized

Judge opens estate of Herbert Betts as intestate, appoints wife Marguerite Betts as personal representative