Surrogate John Czygier Jr.
Petitioner Stawarz sought authorization to create a supplemental needs trust (SNT) for the benefit of her sister, Klepeis, a mentally retarded person. Stawarz proposed to fund the trust with money Klepeis will receive from their mother’s estate. Klepeis’ guardian ad litem recommended granting the petition, with certain modifications. Under the proposed trust, Stawarz would serve as the trustee, and her brother David would be the successor trustee. The court noted David was the appointed standby guardian of Klepeis’ person and property, thus approved him as the successor trustee of the proposed SNT. Any further successor trustees needed approval after an application to the court. Also, the court stated the proposed trust should be amended to indicate that a resigning trustee would not be discharged without filing a judicial accounting, or court approval. It also permitted dispensing with a bond, as long as the trust assets did not exceed the amended maximum amount for a small estate$30,000. Yet, the court found the proposition of exonerating petitioner or any successor trustee from liability for any actions, even if the trustee construed the terms of the trust erroneously void as against public policy.
