WHEN A FIDUCIARY IS NO LONGER ACTING IN THE ESTATE’S BEST INTERESTS
Serving as a Personal Representative or Trustee is a position of trust. Michigan law requires fiduciaries to administer estates and trusts honestly, prudently, and in the best interests of the beneficiaries. Most fiduciaries work diligently to fulfill these responsibilities. Occasionally, however, problems arise that place the administration and sometimes the estate itself at risk.
Consider a situation where a Personal Representative has been administering an estate for more than two years without providing any meaningful updates. The beneficiaries cannot determine whether the home has been sold, bills have been paid, or estate assets still exist. Phone calls and emails go unanswered, and family members become increasingly frustrated.
In another case, a trustee may begin using trust funds to pay personal expenses or refuse to distribute property required by the trust. While misunderstandings sometimes have innocent explanations, other situations require court intervention to protect beneficiaries and preserve estate or trust assets.
Michigan Probate Courts have authority to remove fiduciaries when legal grounds exist. At the same time, not every complaint justifies removal. We also represent trustees and Personal Representatives who have acted appropriately but find themselves responding to allegations from dissatisfied beneficiaries.
Our role is to carefully evaluate the facts, explain your legal options, and pursue solutions that protect both the estate and the individuals involved. If you would like to contact Great Lakes Family Probate & Estates, you can contact us at (888) 554-5373 or submit a form below to schedule a consultation.