Dispute over a petition for full trust settlement under MCR 5.119(B); Petitions, objections, & hearing practices in probate court; MCR 5.119; “Right to Hearing, New Matter”; MCR 1.109(G)(6)(a); “Objection to Pending Matter”; MCR 1.109(D); MCR 5.113

The court held that the probate court abused its discretion by granting appellee-successor trustee’s petitions without providing appellant the opportunity to object in accordance with MCR 5.119(B). The probate court suspended appellant as trustee, and appointed appellee as the new successor trustee. Appellee filed a petition to allow first, second, and final accounts, and then for full trust settlement. Appellant filed written objections. The probate court granted appellee’s petitions. On appeal, the court agreed with appellant that the probate court erred by refusing to hear her objections to appellee’s petition for full trust settlement in accordance with MCR 5.119(B). It noted that appellant presented timely objections to appellee’s petition for full trust settlement, and did not wait to do so for purposes of delay. “The probate court dismissed appellant’s oral and written objections without proper consideration.” Vacated and remanded.