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Court creates special‑needs trust for disabled heir, approves attorneys’ fees from common fund
Summary
In a partition action, the county chancery court granted a motion to establish a special‑needs trust for an institutionalized heir to protect his eligibility for government benefits and indicated attorneys’ fees will be paid from the case’s common fund; a final hearing on distribution was set for October.
The county chancery court presided over by Judge David D. Wolfe granted a motion to establish a special‑needs trust for Steve Plant and signaled that attorneys’ fees in the underlying partition action will be paid from the common fund.
Counsel told the court that Plant, an institutionalized disabled adult, could lose eligibility for government benefits if he received a direct distribution. “If he were to receive his share of the remaining common fund as eventually determined, it would likely disqualify him for that,” counsel said, urging creation of a trust to preserve benefit eligibility. Judge Wolfe granted the motion to create the trust.
The court also reviewed motions seeking final approval of attorneys’ fees to be paid from the partition action’s common fund. Counsel argued the statutory scheme permits payment from the common fund so that fees are apportioned proportionally across interests in the fund. Mr. Potter, who said he was appointed guardian ad litem for minors in the matter and earlier represented a party in initial stages, described his fee request as a routine claim in partition proceedings.
William Bale, who identified himself at the podium as a person with an interest in the matter, questioned whether two commercial lots had been included in the public auction and raised concerns about accounting for logging and rental receipts. The court and counsel explained the two parcels were sold by negotiated sale with court approval and that proceeds are in the hands of the master; the record includes a prior order directing an accounting for approximately $35,000 that has not yet been resolved.
The court set a final hearing to determine the respective interests of all parties and said the court would subpoena tenants and receive proof on the disputed accounting. Counsel and parties were told the case will return for a final trial-setting/review on October 2 at 9:00 a.m.
The court did not state precise fee amounts on the record during the docket call; counsel indicated statutory authority governs fee payment from the common fund and that exact awards will be addressed in the final proceedings.
