WHEN TRUST HAS BEEN BROKEN
A fiduciary accepts one of the highest legal duties recognized under Michigan law. Whether serving as a Trustee, Personal Representative, Guardian, Conservator, or Agent under a Durable Power of Attorney, that individual must place another person’s interests ahead of their own.
Most fiduciaries serve honorably. Unfortunately, situations occasionally arise where beneficiaries begin to question whether the person entrusted with managing property is acting appropriately.
For example, an elderly father’s Durable Power of Attorney may begin transferring substantial sums of money into his own account shortly before the father’s death. A trustee may sell valuable trust property to a family member for less than fair market value. A conservator may fail to keep financial records or explain where funds have gone. These situations often leave families wondering whether mistakes have been made, or whether someone has violated their legal responsibilities.
Not every poor decision constitutes a breach of fiduciary duty. Michigan law recognizes that fiduciaries must often make difficult decisions while administering estates and trusts. The question is whether those decisions were made honestly, prudently, and in accordance with their legal obligations.
At Great Lakes Family Probate & Estates, we represent beneficiaries seeking accountability as well as fiduciaries accused of wrongdoing. Every case begins with a careful evaluation of the facts, applicable law, and available evidence before recommending a course of action. If you would like to contact Great Lakes Family Probate & Estates, you can contact us at (888) 554-5373 or submit a form to schedule a consultation.