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RobertJDFL
RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 10266
Experience:  Experienced in multiple areas of the law.
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Is there statute of limitations for disbursements to beneficiaries

Customer Question

Is there statute of limitations for disbursements to beneficiaries from a revocable trust?
Submitted: 4 years ago.
Category: Estate Law
Expert:  RobertJDFL replied 4 years ago.

Thank you for contacting Just Answer with your legal question. I am a licensed attorney, and will be happy to assist you with your question, however, I require some additional information first. Also, you should know that due to site limitations, I cannot always see all of the information you may have entered, so if I ask a redundant question, I apologize in advance.

Can you please tell me what state this is for?

 

 

RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 10266
Experience: Experienced in multiple areas of the law.
RobertJDFL and 3 other Estate Law Specialists are ready to help you
Customer: replied 4 years ago.
Michigan
Expert:  RobertJDFL replied 4 years ago.

Thank you for your reply and patience while I researched the lengthy Michigan trust statutes. There is no specific statute of limitations set forth regarding distribution. However, Michigan law does provide specific duties that a trustee must follow

 

Michigan law provides for a duty to provide an accounting as well as other relevant information to all beneficiaries of the trust. The statute is as follows:
(NNN) NNN-NNNNDuty to inform and account to beneficiaries.
Sec. 7303.

(1) Subject to subsection (2), the trustee of a revocable trust shall keep the settlor reasonably informed of the trust and its administration. Unless otherwise provided in the trust instrument, the trustee of a revocable trust does not have a duty to inform a trust beneficiary of the trust and its administration, other than the settlor or, if the settlor is an incapacitated person, the settlor's designated agent.

(2) Unless otherwise provided in the trust instrument, if the trustee reasonably believes the settlor of a revocable trust is an incapacitated person and has no designated agent, the trustee shall keep each beneficiary, who, if the settlor were then deceased, would be a current trust beneficiary, reasonably informed of the trust and its administration. Notwithstanding the provisions of the trust instrument, upon good cause shown, the court may order the trustee to keep other beneficiaries reasonably informed of the trust and its administration.

(3) For a revocable trust, within 28 days after acceptance of trust or the death of the settlor, whichever is later, and for all other trusts, within 28 days after acceptance of the trust, the trustee shall inform in writing each interested trust beneficiary of the trust's existence, of the court in which the trust is registered, if it is registered, of the trustee's name and address, and of the interested trust beneficiary's right to request and receive both a copy of the trust's terms that describe or affect the interested trust beneficiary's interest and relevant information about the trust property. In addition, all of the following apply:

(a) Upon reasonable request, the trustee shall provide a beneficiary with a copy of the trust's terms that describe or affect the beneficiary's interest and with relevant information about the trust property.

(b) Unless the settlor directs or requests in the trust instrument that the trustee provide accounts to less than all interested trust beneficiaries, all of the following apply:

(i) At least annually and on termination of the trust or a change of the trustee, the trustee shall provide a statement of account to each current trust beneficiary and shall keep each current trust beneficiary informed of the trust and its administration.

(ii) Upon reasonable request, the trustee shall provide a statement of account to each interested trust beneficiary who is not also a current trust beneficiary and shall keep each of those persons reasonably informed of the trust and its administration.

(iii) The trustee shall provide a statement of account and other information to a beneficiary as the court directs.

(iv) In the trustee's discretion, the trustee may provide a statement of account and other information to any beneficiary.

(c) If the settlor requests or directs the trustee in the trust instrument to provide accounts and information to less than all interested trust beneficiaries, the trustee shall provide statements of account and information as provided in the trust instrument. At the court's direction, the trustee shall provide statements of account and other information to persons excluded by the settlor's request or direction to the extent and in the manner the court directs.

(d) A statement of account under this section is a report by the trustee that shall, at a minimum, list the trust assets, if feasible giving their market values, the trust liabilities, receipts, and disbursements, and state the source and amount of the trustee's compensation. A particular format or formality is not required for a report or statement of account under this section unless a court specifies its content and manner of presentation.

 

Thus, within 28 days of a settlor's death, a trust beneficiary is entitled to know of the trust's existence and to get a copy. A beneficiary is also entitled to an annual accounting of distributions by the trustee. In addition, Section(NNN) NNN-NNNNstates in part:

 

(2) Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, taxes, and expenses, including attorney fees and other expenses incidental to the allowance of the trustee's accounts.

If the trustee is not acting in accordance with Michigan law you may petition the probate court to intervene and remove the trustee.

 

DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.
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