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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7415
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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What are the legal rights of a person under a trust in the

Customer Question

what are the legal rights of a person under a trust in the state of michigan
when his sister and brother are trusttee and have not given any information
is a person entitled to a copy of the trust, the assests that make up the trust and expenses that have been paid out and how does someone go about keeping eye on their portion of the trust
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.

Michigan follows the Michigan Trust Code, enacted in 2010.

Your brother and sister as co-trustees must “discharge all of the duties and obligations of a confidential and fiduciary relationship” and will be subject to the following general duties, among others, as defined by the MTC:

  • the duties of undivided loyalty, impartiality between beneficiaries, care and prudence in actions, and segregation of assets held in the fiduciary capacity, MCL(###) ###-####1)
  • the duty to expeditiously administer the trust for the trust beneficiaries’ benefit, MCL(###) ###-####/a>
  • except in limited circumstances where duties to and the powers of a settlor are retained, the duty to administer the trust solely in the interests of the trust beneficiaries, MCL(###) ###-####1)
  • the duty to exercise care when dealing with the trust, specifically, except as otherwise provided by the trust terms, to observe the standards in dealing with the trust assets that a prudent person would observe in dealing with the property of another and, if the trustee has special skills or is named trustee on the representation of special skills or expertise, to use those skills, MCL(###) ###-####/a>
  • the duty to keep the trust beneficiaries reasonably informed via trustee reports and other documents (the amount of information required to be provided will depend on the status of the particular beneficiary and the composition of the trust’s assets at any particular time), MCL(###) ###-####/a>; In re Estate of Butterfield, 418 Mich 241, 341 NW2d 453 (1983); In re Childress Trust,194 Mich App 319, 486 NW2d 141 (1992)

Generally, trust beneficiaries are entitled to know only those portions of the trust that affect them. The trustees are not required to answer every question that it trust beneficiary asks, if the questions do not pertain to their share in the trust. They also do not have to provide copies of the entire trust, but only those portions that apply to that particular beneficiary. I hope that this information has been helpful in your situation.

Expert:  Irwin Law replied 1 year ago.

Hello again. I hope that this answers your question. If you have a follow up question, please send me a Reply for further information. If not, please rate my Answer so that I can close out the question. Thanks again for using Just Answer.