Judge takes under advisement extra attorney-fee requests in Hasso supplemental-needs trust accounting

A probate judge on Aug. 4 reviewed the second annual accounting for the supplemental-needs trust for Jonathan Hasso and took under advisement a petition to approve additional attorney fees incurred while preparing the accounting. Attorney Jessica Kelly presented the petition and the account, and the judge said the court would check a clerk-stamped filing and consult the guardian ad litem before ruling on the extra fees.

The accounting presented to the court showed two income sources for the trust — investment growth over nine months and an increase in the value of a trust-owned home — and five categories of disbursements including an investment loss over three months, two previously approved legal-fee entries, bank fees from Morgan Stanley and a contribution to a MiABLE account. "The accounting shows that overall, the value of the trust has grown by more than $20,000," attorney Jessica Kelly told the court.

Why it matters: the contested element is whether to authorize additional attorney charges out of trust assets now or defer them until a later accounting. The court’s decision will determine whether trust funds may be used to pay those fees immediately or whether the amounts must await the next formal accounting.

Kelly said the accounting reflects previously approved fee payments: ProbatePro fees of $5,325.70 approved by the court in November 2024 and a $2,000 retainer for Stimson and Associates approved by court order on May 5, 2025. Kelly asked the court to authorize payment of $1,293 incurred between May 6 and July 29, 2025, and to pre-approve up to $1,338.40 in anticipated additional fees related to preparing and presenting the accounting. Kelly also identified that the trust permits the trustee to establish and fund a MiABLE account without prior court approval, and she cited "article 12 paragraph k of the trust" as the internal authority for that action.

The judge said the court’s file did not contain a clerk-stamped copy of a related petition dated Aug. 4, 2025, and that the court would check with the clerk’s office. The judge also noted uncertainty about whether the additional fees had been reviewed by the guardian ad litem and told counsel, "I'll take this under advisement, and I'll let you know." The judge instructed the clerk’s office to notify counsel of the result. Kelly said the additional charges would be reflected in the third annual accounting if not approved now.

Discussion versus decision: the court allowed the accounting to be considered and accepted the submitted supporting statements for the home and investment values, but held final decision on the requested extra attorney fees in abeyance pending clerical verification and confirmation about the guardian ad litem's review. No final ruling on those additional fees was entered on the record at the hearing.

Next steps: the judge will review the court file and related filings and the clerk's office will notify counsel of the court’s determination. If denied now, the requested amounts will appear on the next accounting cycle, counsel said.