Claims Against Fiduciaries

Helping you settle fiduciary disputes – no matter which side you represent

If you have an interest in a Michigan trust or estate that you believe is threatened, contact experienced probate litigation attorney at BRMM. Our familiarity with a wide range of claims and defenses relating to the duties of a fiduciary under Michigan probate law can help you protect your interests.

Potential issues that require legal counsel include the negligent or dishonest performance of the trustee or personal representative, or if you serve in a fiduciary capacity and need advice about your exposure to liability in a specific situation.

Under the Estate and Protected Interests Code (EPIC), Michigan’s relatively new probate statute, trustees and personal representatives of decedents’ estates have generally similar fiduciary duties, meaning that their conduct on behalf of beneficiaries, heirs, devisees, and in some cases even creditors must conform to rather strict standards. The primary duty of a fiduciary is to put the interests of the beneficiary first.

We represent both sides of fiduciary conflicts — people concerned about how the fiduciary performance affects their interests, and the fiduciaries who need to defend themselves against allegations of improper conduct. We have decades of experience arguing cases regarding:

  • Failure to render regular accountings
  • Failure to make prudent investments
  • Favoring one beneficiary over another
  • Commingling of trust or estate assets with the fiduciary’s personal assets
  • Failure to get fair value upon the sale or liquidation of trust or estate assets
  • Waste of assets through negligent management or maintenance
  • Abuse of a power of attorney with respect to financial or medical treatment decisions
  • Overcharging for services
  • Undisclosed conflicts of interest or self-dealing
  • Theft or misappropriation of trust or estate funds

Our lawyers’ experience with the investigation and presentation of evidence on these issues can represent a significant advantage for our clients, whether you are asserting or defending these claims.

Contact us today to learn more about the scope of our experience with the litigation of fiduciary duty issues in the probate courts of Michigan.