In re Estate of SkinnerAnnotate this Case
The Supreme Court reversed the decision of the court of appeals reversing an order entered by the superior court removing a guardian of an estate and trustee under a special needs trust for breach of fiduciary duty.
Mark Skinner was appointed as the guardian of the estate of Cathleen Bass Skinner. Mr. Skinner then executed the Cathleen Bass Skinner Special Needs Trust. Thereafter, the Assistant Clerk of Superior Court removed Mr. Skinner as trustee under the Special Needs Trust and as guardian of Ms. Skinner’s estate. The superior court affirmed. The Court of Appeals reversed. The Supreme Court reversed, holding that the Assistant Clerk did not err in determining that Mr. Skinner exceeded the scope of the discretion available to him to such an extent that grounds for his removal as the guardian of Ms. Skinner’s person and as trustee under the Special Needs Trust existed under N.C. Gen. Stat. 35A-1290 and 36C-7-706(b) and that these breaches of fiduciary duty justified his removal.