Trust Administration

Are you named as the beneficiary of a trust, or perhaps the trustee of the trust? Trust administration in Michigan is controlled by the terms of the trust, and the wording of the Michigan Trust Code, effective April 1, 2010. As a beneficiary, you want to be sure that your interests in the trust are being protected and that the administration is being handled in accordance with the controlling document(s) and Michigan law. As a trustee, you must be sure that the actions you are taking and the decisions you are making in a fiduciary capacity are consistent with the terms of the trust you are administering and with Michigan law.

Trust beneficiaries are entitled to specific information concerning the trust and its administration. They may also be entitled to accountings and other communications from the trustee pursuant to the terms of the trust. Trustees are required to advised the beneficiaries of the existence of the trust, collect and inventory the assets, evaluate and pay claims made against the trust, pay taxes, and distribute the trust in accordance with its terms. Trusts in Michigan are administered without court involvement unless a beneficiary asks the court to review one or more aspects of administration.

Our attorneys are well versed in Michigan trust law and have been involved in the administration of numerous trusts both in and out of probate court. We would be happy to meet with you, discuss your situation, and suggest a solution to any trust administration issue you are facing.

Probate Estate Administration

If a Michigan resident dies owning assets that are titled in that person’s name alone, probate administration will probably be required to transfer those assets out of that individual’s name. Where the value of the assets requiring administration are small, there is an expedited procedure that can be used to transfer the assets through a single petition and a one day procedure. If the value of the assets exceeds the small estate maximum, they will require administration and their ultimate distribution will be based upon the will of the individual or by the rules of intestate succession (a plan of distribution adopted into law by the Michigan legislature and incorporated into the Michigan probate code.)

As with trusts, there are specific rules and duties that control the personal representative (the personal appointed by the court to administer the estate) and there are various reporting requirements to keep beneficiaries of the estate advised as to the course of administration. If you are appointed as personal representative of the estate and fail to take the steps required under law to administer the estate, you can be removed by the court and surcharged for any loss incurred in connection with your administration. You are well advised to consult with a knowledgeable attorney concerning the administration of an estate in the Michigan probate courts. If we can assist you or answer questions you may have concerning a probate estate you are involved in, call us and allow us to fully explain your rights and obligations and reduce the stress you are feeling.

Contact Us

For more information or to schedule an appointment with one of our experienced Trust and Estate Administration lawyers, please contact us online or calling us at 248-737-4550.