Below are a collection of documents pertaining to Anne's Special Needs Trust and how it has been managed, illuminating many of the difficulties that have created based on the current Trustee's management style and their decisions. Filing the lawsuit to requst the Court consider removing the current Trustees was not an easy decision to make, and it has been made harder as time goes by. It has cast a sad and ridiculous shadow over my life, as I expected it would, and sadly over Anne's as well, also (unfortunately) more or less as expected. I knew it wouldn't be easy and expected the Trustees to fight hard to defend themselves using most any means possible, and sadly, it seems I was right.
1) Reasons I filed this lawsuit. in December of 2021. (Written on June 1, 2022.)
10 reasons why I filed this lawsuit.
2) Petition for removal of the current Trustees of Anne Wolfe Trust filed in Midland Country Probate Court on Dec. 12, 2021.
Probate Court Petition for Trustee Removal
3.1) Hal's letter to the mediator prepared prior to the 9-22-2022 court mandated mediation session. (This was requested by the mediator to get a summary of the grievances that led to the suit.)
Hal's letter to the mediator
3.2) Joe Weiler's provocative letter to the court appointed mediator issued the day before the session.
Joe Weiler's letter to the mediator
4.1) Hal's proposal for responsible Trust Management for Anne's Special Needs Trust. (Some commentary regarding current Trustee activity is also included.)
Hal's Trust Management Proposal
4.2) Hal's mini-Trust proposal which agreed to, HE WILL AGREE TO WITHDRAW HIS LAWSUIT. (It is based entirely on his proposal for responsible Trust management, plus an agreement to end the highly unorthodox "sister-in-law-remains-after-death-of-husband clause" that was added by Chris & Cynthia (when they also added Joel and Sue) that makes both Hal and Anne uncomfortable.)
Hal's mini-Trust proposal to drop the lawsuit
Note: This proposal also includes a list of international trips that Anne took when her parents were alive, and a list of trips that she would like to consider taking soon. (She hasn't had a major trip for over 10 years.)
4.3) Hal's 2nd mini-Trust proposal. This version includes $10 grand of spending for Anne and up to $5 grand in necessary expenses. (The provision requiring Cynthia resign as Trustee if Chris dies before she does was eliminated.)
Hal's 2nd mini-Trust proposal
4.4) Original mini-Trust proposal drafted by George Phillips. (He was Anne's lawyer.)
Original mini-Trust Proposal
4.5) The final mini-Trust agreement (with the added Hold Harmless clause #8.)
Final mini-Trust agreement
4.6) 2023 Mini-Trust report listing action items and expenses.
2023 Mini-Trust Annual Report
Mutual Release and Hold Harmless Agreements
5.1) The version of the Mutual Release and Hold Harmless agreement that Hal signed on Nov. 23, 2022.
Hal signed Hold Harmless Agreement
5.2) This document shows the gamesmanship that has occurred with various versions of clause #3 of the hold harmless agreement that have been proposed.
Versions of Clause #3
5.3) Final version of the Mutual Release and Hold Harmless agreement that Hal is forced to sign on Feb 3, 2023 under direct threat of Contempt of Court charges and having to go to jail.
3rd version of a signed Hold Harmless Agreement
5.4) My indignation and resignation letter issued on Jan. 20, 2023, after being forced to sign a hold harmless agreement that stated I was doing so voluntarily, when I obviously was NOT.
My outrage and resignation letter
5.5) The two 2023 hearing notices, and the contempt of court notice. As can be clearly seen in reviewing the two Court hearing notices, the hearing conducted on January 4, 2023 included a personal subpoena. The 2nd notice for Feb. 1 clearly did not, and I was represented at that hearing by my attorney, Geoff Malicoat, as was my legal right.
2 hearings and contempt
Further, it is my firm contention that any legitimate court would have found my original release signed on January 20, 2023 to be legitimate, and that my representation for the Feb. 1 hearing in lieu of appearing in person definitely did not constitute a legally tenable contempt of court charge, but moreover was wishful thinking on the part of an aggravated opposing counsel and an inept Judge who was obviously sympathetic to the opposing counsel.
6) Hal's letter to Chris and Cynthia in April 2021 requesting consideration for changes to the manner in which the Trust is being managed. There was also a formal request for a Trust accounting, which was supposed to be provided at least once per year, but none had been provided to date. No such accounting was provided after this request either. The response was that they were doing just fine without my help. (Some 1095 dividend income reports were eventually sent out in September. FYI - these are not appropriate Trust financial reports.)
Hal's Formal Letter to the Trustees
7) Meeting notes from January 25, 2022 family meeting (on Zoom) set up by Joe Weiler. Chris, Cynthia, Alan, Anne, Joel and Hal all attended, along Hal's attorney Geoff Malicoat
Family Meeting Notes
8) Note from Julie Haskins regarding actual Medicaid options in the Midland area vs the inaccurate hearsay that we have been provided from the current Trustees.
Medicaid support and care options in the Midland area
9) File Cynthia created with summary of 4 years of Anne's Special Needs Trust spending from 2018 - 2021 and investment results. Of note, this document was the first and only document that the Trustees have produced since Ellen Wolfe died in October of 2016. (Annual reports were required.)
Cynthia's Trust Expenditure and Investment Summary
10) File Hal created containing info and analysis of Trust investment results with comparison to S&P 500:
Trust Investment Summary and comparison
11.1) File Hal created with summary of 4 years of Anne's Special Needs Trust spending from 2018 - 2021. This also contains projections of spending that could have occurred based on Hal's Trust Management proposal compared to actual Trust spending. The individual year's summaries are also available.
(These are all based on hand written reports from Cynthia.)
Trust Expenditure Summary for 2018 - 2021
Trust 2018 Expenditure Summary
Trust 2019 Expenditure Summary
Trust 2020 Expenditure Summary
Trust 2021 Expenditure Summary
11.2) Updated file Hal created with summary of FIVE years of Anne's Special Needs Trust spending from 2017 - 2021. This also contains projections of spending that could have occurred based on Hal's updated Trust Management proposal compared to actual Trust spending. The updated individual year's summaries are also available.
(These are all based on the reports compiled by Joe Weiler.)
Trust Expenditure Summary for 2017 - 2021
Trust 2017 Expenditure Updated Summary
Trust 2018 Expenditure Updated Summary
Trust 2019 Expenditure Updated Summary
Trust 2020 Expenditure Updated Summary
Trust 2021 Expenditure Updated Summary
Trust 2022 Expenditure Summary
11.3) Billing summaries for Trust legal expenses for all legal support.
Legal Expense Summary Sheet thru 2023
Geoff Malicoat itemized expense file (complete)
George Phillips total billing (itemization provided ONLY after 10-5-2023)
Joseph Weiler itemized expense - now complete (as of March 2024)
Itemized records with commentary from Cynthia Wolfe
2022 Court filing provided by J. Weiler
2023 Court filing provided by J. Weiler
My Objection to the billings of Joe Weiler (filed with the Court on 3-26-2024).
Weiler response to my Objection
My counter-response to Weiler response to Objection
Court response from Judge Allen (My request for a hearing was DENIED.)
12) E-mail log files on 3 different subjects (the R&E Wolfe Trust, The EcoSport car purchase, and the Anne Wolfe Trust.),
plus my reply to Chris regarding a note from Anne, and
a 5th set of notes just prior to the final mediation session:
1) R&E Wolfe Trust note log
2) EcoSport purchase note log
3) Anne's Trust note log
4) My reply to Chris's April 14 public reply to a private note from Anne.
Reply to Chris's note that defending Trustee's with Trust money is "standard".
5)
A final flurry of family notes just prior to the 2nd (and final) mediation session that occurred on 10-13-2022.
(I found this string of notes very sad, and telling of some of the prevailing attitudes of various family members who have the role of Trustee (Chris) and as primary successor Trustee (Joel).
13) A history of the R&E and Anne Wolfe Trusts, the changes to the Trustee succession list, and various events and issues that have occurred, all listed in chronological order.
Wolfe Trusts Complete Timeline
Chris and Cynthia Issue Timeline
14) Good Trustee Selection Criteria List: Hal's Top 12 List
This is a list of 12 items that I created (after years of thought - seriously), on what characteristics can be considered a head of time that might make the difference in winding up with a good Trustee or a possibly well meaning but ill-suited one. (Or just a flat out lousy one.
I like to think that had some list like this been offered to my father for consideration when he was organizing the family Trusts and making these decisions, he would have made a different decision other than placing my oldest brother as the Trustee for my sister's Special Needs Trust (under significant pressure from my oldest brother), if only because he lived 2000 miles away, but on that matter, we will never know.)
15) The final two trusts themselves. Both were authored by Joe Weiler who took over a Barry George written Trust. The primary document apparently strengthened some aspects of a Special Needs Trust that Barry didn't feel he had expertise in. The final amendment document was the one that was created in incredible hast just after the Charlevoix property line alteration that so angered Chris. In this final version of the Trust, the Trustee list was drastically altered specifically to suit Chris's desire for control. He promoted Cynthia to be a co-equal Trustee with himself (as he had tried to do years ago) and added Joel and Sue as the next in line successor Trustees behind them, further demoting Hal, and added the Cynthia-clause (as I call it - which stipulates that she can remain as sole Trustee even if Chris dies). To his credit (what little I can offer) he also added Alan as a successor Trustee at the bottom of the list along with me. (I was my father's original choice as Trustee for both of his Trusts. How far I have fallen... So far in fact, that I went from an E to an F.)
Primary final Trust - 2nd Amendment and Restatement
Final Trust Amendment - 3rd Amendment
16) Copies of my two ACLU inquiries, a MI Attorney General complaint, and a submission to the Michigan Judicial Review Board plus some commentaries I wrote as well. I submitted the first inquiry based on the Trustees flagrantly spending Trust money and weaponizing that against Anne and myself. I submitted the 2nd one based on the manner I was forced to sign Joe Weiler's version of the Mutual Release and Hold Harmless Agreement and was threatened with Contempt of Court if I didn't sign, and then I was charged with Contempt of Court even when I did sign but also complained about the "signing on my own free will" clause. I issued an Attorney General Complaint based on this also.
ACLU submission #1
ACLU submission #2
Attorney General complaint filed regarding Judge Allen and my Contempt of Court charges
Judicial Review complaint filed regarding Judge Allen and the way she handled the case
17) 3 commentaries that I wrote based on my personal experience with this ridiculous case. (This case was a text book example of "when you go to court, no one wins but the lawyers.")
(This isn't a country ruled by laws. This is a country ruled by greedy and often corrupt lawyers who far too often are the ones who make the rules and then profit by them. God help us, we're ill.)
Commentary